Skip to main content

Full text of "Government and politics of Switzerland"

See other formats 


'CD 


•I     r«" 


Government  and  Politics  of 
Switzerland 


GOVERNMENT  HANDBOOKS  is  a  new  series  of  college  textbooks 
in  govenuRent  prepared  under  the  joint  editorship  of 
David  Prcscott  Barrows,  Ph.D.,  Professor  of  Political  Sci- 
ence (on  leave)  and  IbrmeHy  Dean  of  the  Faculties  in  the 
University  of  California,  now  Colonel  in  the  United  States 
Army,  and  Thomas  Harrison  Reed,  A.B.,  LL.B.,  Associate 
Pro&ssoc  of  Government  in  the  University  of  California 
and  Gty  Manager  of  San  Jose,  California. 

The  series  will  provide  a  handbook  for  each  of  the  European 
countries,  and  one  on  the  Government  of  American  De- 
of  the  political  and  administrative 
Each  volume  will  have  such  maps  and 
illustrations  as  are  needed,  and  will  contain  an  annotated 
bibliography. 

The  authors  of  the  different  volumes  are  men  who  combine 
a  thorough  knowledge  of  the  subject  and  a  personal  ac- 
quaintance with  the  country  and  system  described. 

The  volumes  now  published  are:  EVOLUTION  OF  THE  DOMINION 
or  CANADA,  by  Edward  Porritt,  author  of  "  The  English- 
man at  Home,"  "  The  Unreformed  House  of  Commons," 
and  **  Sixty  Years  of  Protection  in  Canada  ";  GOVERN- 
MENT AND  POLITICS  OF  SWITZERLAND,  by  Robert  C.  Brooks, 
Professor  of  Political  Science,  Swarthmore  College;  and 
GOVERNMENT  AND  POLITICS  OF  THE  GERMAN  EMPIRE,  by 
Frirz-Konrad  Kriiger,  Ph.D.,  formerly  of  the  Department 
of  Political  Science,  University  of  California.  Some  of 
the  other  volumes  in  preparation  are:  GOVERNMENT  OF 
AMERICAN  DEPENDENCIES,  by  Dr.  David  Prescott  Bar- 
rows; GOVERNMENT  OF  FRANCE,  by  Edward  M.  Sait, 
Ph.D.,  Assistant  Professor  of  Political  Science,  Columbia 
University;  and  volumes  on  the  governments  of  Great 
Britain,  Japan,  Spain,  Argentina,  Chile,  and  Brazil. 

The  publishers  cordially  invite  correspondence  with  regard  to 
the  Series. 


TELL  MEMORIAL,  ALTDORF 


ted  by  DAVID  P.  BAUOWI  tad  THOHAI  H.  Rtio 

(Eobrrnnunt  DanDbooka 


overnment  and  Politics 
of  Switzerland 


BY 

ROBERT  C.   BROOKS 

JOSEPH    WHARTON    PROFESSOR   OP    POLITICAL 
SCIENCE,    SWARTHMORE   COLLEGE 


YONKERS-ON-HUDSON  :  :  :   NEW  YORK 

WORLD  BOOK  COMPANY 
1920 


"This  house  is  a  visible  emblem  of  the  friendship 
between  Switzerland  and  the  United  States,  a 
friendship  that  rests  upon  common  principles  of 
life,  common  ideals,  and  common  aspirations." 


written  by  PRESIDENT  WOODROW 
WILSON  for  the  Rest  House  at  DUbendorf  erected 
by  Americans  resident  In  Switzerland  to  shelter 
soldiers  standing  guard  at  the  frontier. 


COPYRIGHT,    IQl8,   BY  WORLD   BOOK  COMPANY 

COPYRIGHT  IN  GREAT  BRITAIN  •  ALL  RIGHTS  RESERVED 

GH:BGPft-2 


EDITORS'  INTRODUCTION 

'TTMIERE   are  several  reasons  which   make  a 
X      nffp  book  on  the  Swiss  federal  republ. 

>\ely  timely  in  this  year  of  the  greaUst  crisis 
of  tht  great  war.  Placed  in  the  geographical 
center  of  an  unpredecented  conflict,  Switzerland 
has  to  date  maintained  an  irreproachable 
neutrality.  During  four  years  which  have 
made  waste  paper  of  the  legal  and  diplomatic 
formalities  of  a  century,  Switzerland  still 
holds  to  the  validity  of  every  treaty  and  con- 
vention to  which  she  is  an  adherent.  Almost 
alone  of  the  civilized  countries  she  continues 
to  practice  those  principles  of  consideration 
and  humanity  whose  advocacy  has  lifud  her 
historic  town  of  Geneva  into  a  position  of  light 
and  leading  for  the  whole  world. 

Nor  can  any  one  claim  that  the  smallness  of  Switzer- 
land's numbers  or  resources  has  mad*  her  a 
victim  of  aggression  or  intimidation.  Whether 
her  integrity  be  due  to  the  prudence  and  con- 
s  id f  rat  ion  of  her  battling  neighbors,  or  to  the 
spirit  and  martial  discipline  of  herjown  people, 
the  fact  stands. 

II  rr  fx  ample  may  help  to  the  solution  of  some  of 
the  most  difficult  of  the  issues  of  the  war. 

It  has  been  authoritatively  stated  that  this  war  is 

[v] 


EDITORS'   INTRODUCTION 

for  the  establishment  of  the  rights  of  small 
nations  —  the  right  of  peoples  to  "self-deter- 
mination." But  what  are  the  small  nations 
whose  rights  are  thus  to  be  established?  Are 
such  nations  to  be  defined  in  terms  of  German 
national  philosophy,  which  emphasizes  homo- 
geneity in  blood  and  language  as  alone  con- 
ferring the  right  both  to  add  to  and  to  take 
away,  to  aggrandize  and  to  dismember?  Poles 
and  Serbs  have  long  contended  for  this  right. 
Shall  equal  consideration  be  accorded  to 
Livonians,  to  Ukrainians,  to  Irish,  and  to 
Finns?  Has  every  local  community  conscious 
of  its  particularism  the  right  to  separate  itself 
from  empire  or  federation?  Will  the  moral 
justification  of  the  Civil  War  in  America  be 
impaired  by  the  triumph  of  the  cause  for 
which  America  is  now  fighting? 

Switzerland,  with  her  population  composed  of  three 
of  the  main  European  folks,  her  people 
speaking  four  languages  and  professing  two 
forms  of  Christian  faith,  yet  holds  tightly  to 
her  national  solidarity.  Her  example  may 
help  us  to  a  wise  analysis  of  the  problem. 

Furthermore,  Switzerland  is  of  ever  present  interest 
by  reason  of  her  democracy.  To  war  to  make 
the  world  safe  for  democracy  is  a  noble  con- 
ception, but  it  demands  analysis.  How  is 
democracy  to  be  conceived,  and  what  form  of 
democracy  is  America  championing?  It  can 
scarcely  be  denied  that  the  faith  of  the  Bolsheviki 
[vi] 


EDITORS'   INTRODUCTION 

is  democracy  —  perhaps  the  most  thorough- 
going democracy  that  the  world  bos  /trr  seen 
attempted  on  a  large  scale.  So  are  the  radical 
reforms  of  tbe  Carrantistas  of  Mexico.  Art 
we  fighting  to  make  safe  their  place  in  tbe 
world?  Switzerland,  whose  conservative  democ- 
racy by  contrast  seems  to  place  it  in  a  difftrfnt 
category  of  political  experiment,  should  help 
us  to  clear  thinking  on  this  greatest  of  themes. 
There  is  still  a  further  reason  why  Swiss  government 
must  possess  unusual  interest  to  Americans, 
and  that  is  tbe  fact  of  our  extensive  imitation 
of  its  inventions.  Our  period  of  political 
creativfness  gave  to  tbe  world  an  astonishing 
series  of  new  institutions,  — federalism,  written 
constitutions,  tbe  Senate,  a  Supreme  Court, 
a  guaranteed  field  of  civil  liberty,  presidential 
government,  and  universal  manhood  suffrage. 
These  among  other  triumphs  belong  to  tbe  first 
years  of  our  national  history.  For  a  hundred 
years  now  we  have  been  borrowers,  not  origi- 
nators, in  government.  Tbe  original  system 
bos  remained  in  theory  unaltered.  Where 
corrective  devices  were  necessary,  we  have  in 
tbe  main  lifted  them  from  tbe  statute  books  of 
foreign  countries,  —  our  civil-service  reform 
laws  from  Great  Britain,  our  ballot  system 
from  Australia,  proportional  representation 
from  Belgium,  and  from  Switzerland  tbe 
initiative  and  referendum.  Switzerland  is  a 
laboratory  of  adventurous  experiment  in  govern- 

[vii] 


EDITORS    INTRODUCTION 

ment,  and  her  successes  contribute  to  the 
instruction  of  all  republican  peoples. 
Professor  Brooks  bos  written  this  useful  and 
welcome  addition  to  the  Government  Handbook 
Series  under  the  disadvantages  of  war-time 
conditions,  but  also  under  the  stimulus  of  an 
active  participation  in  the  problems  of  the  war 
and  of  democracy,  and  with  the  invaluable 
advantages  of  intimate  assistance  from  Swiss 
statesmen  facing  the  problems  of  their  country 
amidst  the  great  testing  which  government,  the 
world  over,  undergoes  as  war  continues. 

THE  EDITORS 


[viii] 


AUTHOR'S   PREFACE 

Til!    aim  of  this  volume  is  to  describe  the 
organization  and  functioning  of  the  govern- 

and  political  parties  of  Switzerland.  His- 
torical origins  and  development  are  discussed, 
it  is  true,  but  only  in  a  summary  way.  In  the 

the  author  has  directed  attention  to  modern 
instances  and  recent  illustrations,  endeavoring 

<>  present  his  subject  as  it  really  is;  namely, 
a  small  but  very  successful  "going  concern" 
in  the  line  of  democratic  government. 

Although  designed  primarily  as  a  textbook, 
it  is  hoped  that  the  volume  may  have  an  appeal 
outside  academic  circles,  —  among  writers,  edi- 
tors, statesmen,  men  of  affairs,  and  others  who 
;t crested  in  civic  problems  and  their  solution 
along  popular  and  progressive  lines.  The  author 
freely  confesses  that  "a  man's  other  country" 
in  his  case  has  always  meant  Switzerland,  chiefly 
because  of  its  thoroughgoing  and  efficient  appli- 
cation of  the  principles  of  democracy, 
quently  in  the  last  130  years  American  political 
experience  has  quickened  Swiss  political  life, 
and  quite  as  frequently  Swiss  political  experi- 
menting has  quickened  American  political  de- 
velopment. No  doubt  this  reciprocal  influence 
will  continue  throughout  ages  yet  to  come,  to 


AUTHOR'S  PREFACE 

the  betterment  both  of  the  little  republic  of  the 
Alps  and  her  mighty  sister  overseas.  If  this  vol- 
ume contributes  ever  so  slightly  to  that  process  of 
mutual  democratic  fertilization,  it  will  have  at- 
tained its  higher  purpose. 

To  the  editors  of  this  series  of  Government 
Handbooks  —  Major  D.  P.  Barrows,  now 
tioned  at  Manila,  P.  I.,  and  City  Manager 
T.  H.  Reed  of  San  Jose,  California,  both  of  whom 
were  formerly  professors  in  the  Department  of 
Political  Science  at  the  University  of  Cali- 
fornia —  the  author  wishes  to  extend  his  grateful 
acknowledgment  for  constant  helpful  assistance 
and  much  sound  criticism. 

One  of  the  most  delightful  experiences  in 
connection  with  the  preparation  of  this  book  has 
been  the  widening  which  it  brought  about  in  the 
writer's  circle  of  Swiss  friends.  Every  citizen  or 
former  citizen  of  Switzerland  to  whom  appeal 
was  made  for  information  responded  with  a 
generosity  as  warm  as  their  love  for  the  little 
country  that  gave  them  birth.  Among  these 
many  kindly  collaborators  the  author  feels 
especially  indebted  to  Professor  William  E. 
Rappard  of  the  University  of  Geneva,  whose 
extensive  writings  and  recent  public  service 
as  a  member  of  the  Swiss  Commission  to  this 
country  form  a  very  substantial  bond  of  under- 
standing and  amity  between  Switzerland  and 
the  United  States.  To  his  wise  counsel  much 
that  is  of  value  in  the  chapters  on  Swiss  political 

[*] 


AUTHOR'S  PREFACE 

parties  and  foreign  relations  must  be  attributed. 
Thanks  are  also  due  to  Professor  1  mcr 

of  the   University   «  \\    for   assistance    in 

preparing  the  critical  bibliography  which  com- 
TS  the  volume.  At  the  Swiss  Embassy  in 
Washington,  His  Excellency,  Dr.  Hans  Sulzer, 
Envoy  Extraordinary  and  Minister  Plenipoten- 
,,  and  Dr.  Charles  P.  Hiibscher,  Secretary 
of  Legation,  proved  themselves  ever  ready 
sources  of  accurate  information.  Mr.  F.  Dosscn- 
bach,  General  Manager  of  the  Official  Agency 
of  the  Swiss  Federal  Railroads  in  New  York 
idly  read  the  manuscript  of  the  chapter 
on  "Communication  and  Transportation:  Na- 
tional Ownership  and  Operation  of  Railways," 
supplying  much  additional  material  thereon. 
To  his  generosity  also  are  due  the  most  of  the 
illustrations  used  in  the  volume. 

My,  the  author's  indebtedness  is  particu- 
larly great  to  two  Swiss  friends  and  neighbors, 
the  Reverend  Carl  Vuilleumier,  Swiss  Consul  at 
.iddphia,  and  Professor  Emil  Schoch,  for- 
merly of  the  Swarthmore  Preparatory  School, 
now  of  the  Blake  School,  Minneapolis.  Upon 
the  wide  knowledge  of  these  gentlemen  he  drew 
constantly  and  never  in  vain  during  the  three 
years  that  the  book  has  been  under  preparation. 

ROBERT  C.  BROOKS 

SWARTHMORE,    PENNSYLVANIA 


CONTENTS 

CHAPTER  PAGE 

I.   PHYSICAL   BASIS  or  THE  Swiss   FEDERATION: 
LAND,    PEOPLE*     INDUSTRIAL    AND    SOCIAL 

CONDITIONS   .  i 

II    DEVELOPMENT  or  THE  SWIM  FEDERATION  r. 

LXlH.  THE  Swiss  FEDERAL  CONSTITUTION    .  48 

IV.  THE  FEDERAL  LEGISLATURE     ....  72 
V.  FEDERAL  GOVERNMENT  BY  COMMISSION:    THE 

Swiss  EXECUTIVE    .  103 
FEDERAL  LEGISLATION:   INITIATIVE  AND  REFER- 

ENDUM      .  134 

VII     1  UK  FEDERAL  JUDICIAL  SYSTEM  165 

VIII.  Swiss  FEDERAL  FINANCE  .  179 
COMMUNICATION   AND  TRANSPORTATION:     NA- 
TIONAL   OWNERSHIP    AND    OPERATION    or 

RAILWAYS  .    .  *M 

X.  Swiss  SOCIAL  LEGISLATION  AND  ADMINISTRATION  234 

IK  Swiss  ARMY  SYSTEM  250 

I.   INTERNATIONAL  RELATIONS  269 

Mil.   Swiss  PARTIES  AND  PARTY  ORGANIZATION  .   .  288 

^}£IV.  THE  CANTONS:  ORGANIZATION  312 

XV.    THE  CANTONS:   FUNCTIONS   .    .  331 
XVI.   PROPORTIONAL  REPRESENTATION  IN  Swiss  C 

•                                   349 

XVII.     I.  \NDSGEMEINDE    CANTONS:      PURE    DEMOCRACY 

IN  STATE  GOVERNMENT                                .  365 

CRITICAL  BIBLIOGRAPHY  386 

INDEX    ...  417 

[xiii] 


LIST  OF  ILLUSTRATIONS 


Tell  Memorial,  Alcdorf    . 
The  Federal  Capitol  at  Bern    .  f*i*i  p*gf    100 

Panorama  of  Bern  104 

Federal  Court  Building  at  Lausanne  168 

Viaduct,  Bernina  Railroad  106 

Railroad  Station,  Luzern  uo 

try  Exercise*  of  SWIM  Cadets  252 

Swiw  Mountain  Infantry  at  Rifle  Practice  .     258 

Swiss  Ski  Patrol.  Matterhom  District  164 

at  Glarus    .  370 


Government    and    Politics  of 
Switzerland 

CHAPTER   I 

PHYSICAL  BASIS  OP  THE  SWISS 
FEDERATION:  LAND,  PEOPLE, 
INDUSTRIAL  AND  SOCIAL  CON- 
DITIONS 

SWITZERLAND  lies  in  the  mountainous 
heart  of  southwestern  Europe.  Germany 
is  her  neighbor  to  the  north,  Austria  and 
the  diminutive  principality  of  Liechtenstein  to 
the  east,  Italy  to  the  south,  and  France  to  the 
west.  Besides  Serbia,  Switzerland  is  the  only 
considerable  European  state  without  direct  ac- 
cess to  salt  water.  From  the  ports  on  the  North 
Sea  or  the  English  Channel  her  industrial  cities 
are  distant  350  miles.  The  Mediterranean  and 
the  Adriatic  are  much  nearer,  but  the  nature 
of  the  intervening  country  is  such  that  it  offers 
great  difficulties  to  transportation. 

In  outline  the  boundaries  of  Switzerland  form 
a  rough  quadrilateral.  From  east  to  west  the 
greatest  length  of  the  country  is  2i6|  miles;  from 
north  to  south  the  greatest  width  is  137  miles. 
The  area  of  Switzerland  is  15,976  square  miles. 


GOVERNMENT  OF  SWITZERLAND 

Italy,  the  smallest  of  the  four  adjacent  powers, 
is  nearly  seven  times  as  large.  France  and 
Germany  each  have  an  area  thirteen  times,  and 
Austria-Hungary  an  area  fifteen  times,  that  of 
the  little  Alpine  republic.  Compared  with 
American  states  of  familiar  dimensions,  Switzer- 
land is  one  third  the  size  of  New  York  and  twice 
that  of  Massachusetts. 

The  lowest  point  in  Swiss  territory  is  646  feet 
above  sea  level.  Her  highest  peaks  tower  to 
an  altitude  of  15,000  feet.  Only  2  per  cent 
of  the  area  of  the  country  is  below  1000  feet  in 
elevation,  58  per  cent  is  between  1000  and  4000, 
and  34  per  cent  is  over  4000  feet  high.  Lakes, 
glaciers,  and  perpetual  snow  fields  cover  over 
6  per  cent  of  the  surface.  Nearly  a  quarter 
of  the  territory  is  put  down  as  unproductive 
by  ordinary  economic  processes.1 

Switzerland  falls  naturally  into  three  great 
divisions:  first,  the  region  of  the  Alps,  which 
with  their  ramifications  cover  the  whole  central, 
southern,  and  eastern  sections  of  the  country; 
second  the  Jura  district,  the  lesser  ranges  of 
which  are  merely  outlying  spurs  of  the  Alps; 
and  third,  the  plateau  or  basin  which  lies  be- 
tween these  two  mountainous  divisions. 
i.  The  With  their  giant  and  tortuous  convolutions 

^          the  Alps  occupy  nearly  three  fifths  of  the  terri- 
tory of  Switzerland.     Narrow  river  valleys  pierce 

1  According  to  the  "Statistisches  Jahrbuch  der  Schweiz," 
1916,  p.  5,  exactly  22.4  per  cent  of  the  soil  is  unproductive. 

HO 


IYSICAL  BASIS   OF  THE  FEDERATION 

deeply  into  the  central  mountain  mast,  the 
largest  being  those  of  the  Rhine  in  the  east 
and  the  Rhone  in  the  west.  Between  these 
flow  the  Rcuss,  the  Aar,  and  smaller  streams,  and 
in  the  south  there  are  the  Ticino  and  the  Toce, 
the  valleys  of  all  of  which  converge  like  the  ribs 
of  a  Titanic  fan  about  the  mighty  massif  of  the 
Gotthard.  Several  of  the  most  picturesque 
lakes  in  the  world  emerge  from  the  northern 
foothills  of  the  Alpine  region,  and  others  even 
more  beautiful  lie  enfolded  by  the  lower  moun- 
tain slopes  on  the  Italian  side. 

The  limestone  chain  of  the  Jura  extends  from  XL 
southeast  to  northwest  along  the  French  bound- 
ary of  Switzerland.  Its  highest  summit,  Mont 
Tendre,  reaches  an  altitude  of  only  5500  feet. 
Many  of  the  rivers  which  traverse  this  section 
have  pierced  deep  gorges  for  themselves.  There 
are  also  a  small  number  of  high,  wind-swept, 
and  rather  infertile  valleys  inclosed  between  the 
narrow  parallel  ranges.  The  Jura  occupies  some- 
wh.it  more  than  one  tenth  of  the  area  of  Swit- 
zerland. 

Lying   between   the  Alps   and   the  Jura,   the   m. 
plateau  or  basin  region  of  Switzerland  is  by  far   ] 
the  most  favored,  both  agriculturally  and  indus- 
trially, of  the  three  great  divisions  of  the  country. 
Ir  i  \tuuls  in  a  belt  fifteen  to  twenty  miles  wide 
from  Lake  Geneva  to  Lake  Constance,  and  occu- 
pies nearly  three  tenths  of  the  area  of  the  coun- 
On  the  side  of  the  Jura,  where  it  is  lowest, 

[3] 


GOVERNMENT  OF  SWITZERLAND 

the  plateau  has  an  elevation  of  from  uoo  to  1500 
feet.  On  its  higher  Alpine  side  it  reaches  an 
extreme  elevation  of  6500  feet. 

cum«te  Switzerland's  wide  differences  of  elevation 
produce  a  corresponding  variety  in  weather 
conditions.  Confined  within  less  than  two  de- 
grees of  latitude  (from  45°  49'  2*  to  47°  48'  32* 
north),  the  country  nevertheless  exhibits  the 
normal  climatic  range  of  thirty-four  degrees. 
There  are  sheltered  regions  in  the  south  which 
enjoy  the  soft,  warm  climate  of  northern  Italy, 
while  but  a  few  miles  away,  measured  vertically 
rather  than  laterally,  are  icy,  arctic  solitudes. 
The  crests  of  the  higher  Alpine  ranges  form 
a  gigantic  dividing  wall  between  polar  and  equa- 
torial winds.  In  consequence  rainfall  is  generally 
abundant  and  the  country  well  watered.  Air 
increases  in  purity  directly  in  proportion  to  the 
height  above  sea  level,  and  Switzerland  is  justly 
famed  in  this  respect.  Beauty  of  landscape 
abounds  on  every  hand,  —  the  grim,  terrible, 
and  awe-inspiring  side  by  side  with  the  gentle, 
soft,  and  pastoral. 

So  great  has  been  the  bounty  of  Mother  Nature 
to  Switzerland  in  all  these  ways  that  one  is  likely 
to  forget  how  stepmotherly  she  has  been  in  other 
respects.  Apart  from  building  stone,  cement, 
and  salt,  the  mineral  resources  of  the  country 
are  negligible.  Coal  and  iron,  the  fundamentals 
of  modern  industry,  must  be  imported.  On 
every  hand  transportation  has  great  natural 

[4] 


PHYSICAL  BASIS  OF  THE  FEDERATION 

barriers  to  overcome.  No  country  hat  richer 
meadow  or  farm  lands,  but  the  overshadowing 
mount. tin  masses  limit  them  narrowly  in  extent. 

With  MI,  h  heavy  handicaps  upon  indu 
and  commercial  development,  it  is  not  strange 
to  find  that  Switzerland  is  still  in  the  main  an 
agricultural  and  pastoral  country.  Every  inch 
of  arable  land  is  fertilized  and  intensively  tilled. 
Earth  originally  carried  in  baskets  upon  the 
backs  of  peasants  and  deposited  wherever  the 
rocks  gave  foothold  yields  its  carefully  garnered 
quota  to  the  year's  crop.  Of  the  entire  produc- 
tive area  of  Switzerland  slightly  more  than  a 
third  is  devoted  to  grass  and  meadows,  and 
nearly  three  tenths  to  forestry.  Much  of  the 
1  devoted  to  these  two  purposes  could  be 
made  to  yield  a  return  in  no  other  way.  The 
remaining  one  third  of  the  arable  land  of  the 
country  is  divided  between  fruit  production  and 
ordinary  crops,  —  18.7  per  cent  of  the  whole 
being  devoted  to  the  former  and  16.4  per  cent 
to  the  latter.  Swiss  fruit  enjoys  a  fame  in  Eu- 
rope not  unlike  that  of  Californian  fruit  in  the 
United  States,  and  is  largely  exported  in  the 
form  of  preserves.  In  addition  to  orchards 
it  is  the  Swiss  custom  to  plant  rows  of  fruit  trees 
on  both  sides  of  the  highways  running  through 
the  country,  thus  adding  materially  to  the  output. 

Perhaps  the  most  striking  single  fact  with 
regard  to  the  various  uses  of  Swiss  arable  land, 
however,  is  the  relatively  small  portion  — 


GOVERNMENT  OF  SWITZERLAND 

slightly  less  than  one  sixth  of  the  whole  —  under 
crops  and  in  gardens.  It  affords  some  index 
of  the  limitations  set  by  nature  to  the  supply 
of  land  available  for  such  uses,  and  also  of  the 
difficulty  of  adapting  Swiss  "perpendicular 
farms"  to  this  form  of  cultivation.  Switzerland 
imports  a  larger  proportion  of  its  grain  supply 
than  any  other  European  country,  for  only  about 
one  fifth  (21.5  per  cent)  is  produced  at  home,  and 
that  of  rather  inferior  quality.1  Potatoes  are 
produced  in  quantities  almost  sufficient  for  the 
domestic  demand.  Hemp,  flax,  and  tobacco 
also  are  grown  to  a  small  extent.  In  five  can- 
tons the  grape  is  cultivated,  chiefly  in  vineyards 
terraced  with  extreme  expenditure  of  skill  and 
labor  upon  the  sides  of  steep  hills.  The  industry 
is  suffering  under  competition  from  Italy,  France, 
and  Spain,  but  still  produces  about  one  half  of 
the  annual  consumption  of  wine. 

It  is  on  the  side  of  animal  husbandry,  however, 
that  Swiss  farmers  are  most  successful.  Nearly 
three  fourths  of  the  total  value  of  their  annual 
production  is  due  to  this  branch  of  agriculture. 
A  considerable  number  of  hogs  and  some  goats 
are  raised,  but  beef  cattle,  cows,  and  milk  products 
are  the  fundamental  reliance  of  peasant  culti- 
vators. It  is  the  custom  of  Swiss  farmers  to 

1  Unless  otherwise  noted,  statistics  quoted  in  these  pages 
with  regard  to  Swiss  industries  are  the  latest  obtainable 
which  deal  with  conditions  as  they  existed  before  the  outbreak 
of  war  in  1914. 

C6] 


PHYSICAL  BASIS  OF  THE  FEDERATION 

keep  domestic  animals  during  the  winter  in  stalls 
located  in  the  basement  of  their  chalets.  Upon 
the  advent  of  spring  all  the  cattle  of  a  village  are 
gathered  together  and  driven  to  meadows  upon 
the  lower  levels  of  near-by  mountains.  A« 
summer  advances,  higher  and  higher  pastures 
are  sought  out  by  the  herdsmen  and  their  flocks. 
Not  only  the  richest  grass,  but  whole  fields  of 
aromatic  herbs  and  flowers  of  wondrous  perfume, 
tig  up  rankly  in  these  mountain  meadows 
as  fast  as  the  receding  snow  leaves  the  ground 
open  to  the  sun.  The  peculiar  purity  and  rich- 
ness of  Swiss  milk  and  dairy  products  are  at- 
ni hated  to  this  luxuriant  pasturage.  Cowherds 
remain  with  the  flocks  until  the  snows  of  early 
.uirumn  force  them  once  more  to  return  to  the 
vill.ini's  in  the  lower  levels.  Cheese,  condensed 
milk,  and  milk  chocolate,  all  of  which  enjoy  a 
great  reputation  abroad,  are  the  principal  prod- 
I  of  this  form  of  Swiss  agricultural  industry. 
Narrow  as  are  the  limitations  and  great  as  are 
the  difficulties  to  overcome,  it  must  be  admitted 
that  Swiss  agriculture  gets  every  ounce  of  pro- 
ductive capacity  out  of  the  soil.  Great  diligence, 
patience,  and  trained  intelligence  are  necessary 
to  produce  this  result.  These  qualities  are 
furnished .  it  should  be  noted,  not  by  aristocrats 
or  gentlemen  farmers  but  by  the  rank  and  file 
of  the  rural  population.  Switzerland  is  a  land 
of  small  peasant  holdings,  nearly  300,000  in 
number,  which  support  all  together  two  million 

[7] 


GOVERNMENT  OF  SWITZERLAND 

people,  or  more  than  one  half  (53.5  per  cent)  of 
the  population  of  the  republic.  These  holdings 
average  less  than  twenty  acres,  but  each  of  tin  in 
represents  a  definite  "stake  in  the  country"  for 
the  peasant  proprietor  and  the  members  of  his 
family. 

Switzerland's  manufacturing  industries  are 
|ocateci  principally  in  the  plateau  district  of  the 
north  and  west.  Textiles  take  first  rank,  with 
a  total  of  over  100,000  employees  engaged  in  silk, 
cotton,  woolen,  linen,  and  embroidery  factories. 
In  machine  building,  metal  working,  and  elec- 
trical and  chemical  industries,  82,000  workers 
are  engaged.  Jewelry  and  watchmaking  employ 
nearly  35,000.  Other  important  industries  are 
the  manufacture  of  food  products,  clothing, 
wood-working,  paper  and  graphic  trades,  clay 
and  stone  works.  In  1913  there  were  8101  fac- 
tories in  Switzerland,  with  320,000  employees, 
of  whom  a  third  were  women. 

In  addition  to  the  large  number  of  women  in 
factories  there  are  many  others  who  are  kept 
busy  during  their  spare  time  in  the  various 
home  industries  which  are  still  carried  on  in 
Switzerland,  principally  in  woodworking,  em- 
broidery, and  textiles.  Thus  employment  is 
furnished  not  only  in  cities,  but,  in  dull  seasons 
of  the  year,  to  peasants  and  members  of  their 
families.  For  two  centuries  the  famous  Swiss 
watchmaking  industry  was  carried  on  in  this 
way  by  the  cattle-raising  peasants  of  the  Jura. 

[8] 


PHYSICAL  BASIS  OF  THE  FEDERATION 

Owing  to  the  competition  of  American  machine- 
made  products,  however,  it  is  now  being  trans- 

I  to  factories  in  the  Bern  disc  i 

No  account  of  the  economic  organization  of  *•*»- 
the  Swiss  is  complete  without  some  reference  to 
the     "industry    of    foreigners"     (indujtri*    dts 
ttrangfrs)  which  they  have  developed  to  to  high 
a  degree.    Through  it  they  coin  into  hard  cash 

t  hose  large  portions  of  their  territory 
are  ordinarily  put  down  as  unproductive.     Un- 
productive these  districts  are  indeed,  by  usual 
economic  processes;   but  as  snow-covered  peaks, 

v  glaciers,  or  shimmering  lakes,  they  are 
the  chief  magnets  which  annually  draw  into  the 
country  three  and  a  half  million  tourists,  health 
seekers,  and  sport  lovers.  Switzerland  has  long 
been  known  as  the  "  playground  of  Europe,"  but 
the  number  of  visitors  from  the  United  States 
and  even  more  distant  countries  has  grown  so 
rapidly  of  recent  years  that  it  deserves  to  be  called 
the  playground  of  the  world.  In  1912  there  were 
3585  hotels  and  pensions  largely  devoted  to 
tourist  traffic  and  employing  all  together  43,136 
persons,  half  of  whom  were  women.  The  gross 
receipts  of  these  establishments  amounted  to 

Million  dollars  and  the  net  receipts  to  twelve 
millions.  Other  millions  are  spent  by  tourists 
nsportation  and  local  purchases.  By  her 
enterprise  in  this  field  Switzerland  adds  large 
purchasing  power  to  her  home  market  and  pro- 
vides no  inconsiderable  share  of  the  balances 

[9] 


GOVERNMENT  OF  SWITZERLAND 

she  needs  in  other  countries  for  the  purchase 
of  foreign  raw  materials,  foodstuffs,  and  manu- 
factures. 

According  to  the  census  of  December  i,  1910, 
Switzerland's  total  resident  population  was  3,753,- 
293.  For  several  years  the  country  has  shown 
an  average  annual  surplus  of  births  over  deaths 
of  about  35,000.  There  are  wide  variations  in 
density  of  population,  and  the  highest  figures  are 
recorded,  of  course,  in  the  plateau  or  basin  region 
and  the  lowest  in  the  Alpine  districts.  But  for 
the  country  as  a  whole  the  average  is  234.8  persons 
per  square  mile,  —  an  amazing  figure  consider- 
ing the  large  area  occupied  by  mountains.  Only 
the  intensive  agricultural  and  industrial  develop- 
ment of  the  country  makes  possible  this  living 
together  within  its  boundaries  of  so  large  a  popu- 
lation maintaining  relatively  high  standards  of 
living.1 

In  spite  of  the  predominantly  agricultural 
character  of  its  economic  life,  Swiss  population 
shows  a  considerable  tendency  to  congregate  in 
cities.  None  of  these  approximates  metropolitan 
dimensions  as  such  things  are  reckoned  in  western 
Europe  or  the  United  States.  However,  there  is 

1  By  way  of  comparison  in  may  be  helpful  to  note  that  in 
1910  only  three  of  our  states  showed  a  greater  density  of 
population  than  the  average  for  all  Switzerland,  —  namely, 
Massachusetts,  Rhode  Island,  and  New  Jersey.  For  the 
continental  United  States  as  a  whole  the  average  density 
was  30.9  per  square  mile,  or  less  than  one  seventh  that  of 
Switzerland. 

[10] 


PHYSICAL  BASIS  OF  THE  FEDERATION 

a  fringe  of  progressive,  prosperous,  and  rapidly 
growing    munu  ip..lnu-s    m    the     plateau    di»i 

he  north  and  west.  Zurich,  the  largest,  had 
an  estimated  population  of  205,000  in  1913; 
Basel,  137,000;  Geneva,  136,700;  Bern,  94,700; 
and  Lausanne,  74,000. 

Besides  the  gigantic  physical  barriers  that  shut 
off  the  more  habitable  lowlands  and  valley  dis- 
tricts of  Switzerland  from  each  other,  the  popu- 
is  also  divided  to  an  extreme  degree  by 
differences  of  language  and  religion.  In  1910 
German  was  spoken  by  nearly  seven  tenths  (69 
per  cent);  French  by  one  fifth  (21.1  per  cent); 
and  It. ih. 1 11  by  one  twelfth  (8  per  cent)  of  the 
people.  A  peculiar  dialect  known  as  "  Romansch" 
is  still  spoken  in  the  Grisons  by  about  i  per  cent 
of  the  Swiss  population.  Of  the  three  principal 
languages,  German  predominates  in  nineteen 
states,  which  occupy  the  whole  northern  and 
central  sections  of  Switzerland,  French  in  the 
five  western  states,  and  Italian  in  one  only,  the 
southern  state  of  Ticino.  Italian  is  the  only 
tongue  that  shows  an  increase;  almost  twice 
as  many  people  spoke  it  in  1910  as  in  1880. 

According  to  confession  the  Swiss  people  were 
divided  in  1910  into  Protestants,  56.7  per  cent; 
Roman  Catholics,  42.8  per  cent;  and  Jews,  .5 
per  cent.  Protestants  are  in  a  majority  in  twelve 
cantons,  Catholics  in  ten.  There  is  very  little 
shifting  back  and  forth  of  communicants,  but 
during  the  last  two  decades  the  Catholics  have 

["3 


GOVERNMENT  OF  SWITZERLAND 

gained  slightly,  probably  as  a  result  of  the  It.ili.m 
influx  noted  above.  Religious  lines  in  Switzer- 
land follow  the  most  bizarre  directions,  due  chiefly 
to  complicated  historical  and  geographical  causes. 
Nor  do  they  coincide  with  the  boundaries  of  the 
three  great  languages. 

As  one  explanation  of  the  success  of  demo- 
cratic institutions  in  Switzerland  it  has  been 
customary  to  state  that  the  country  has  no  pi 
immigrant  problem  to  solve.  Nothing  could 
be  farther  from  the  truth.  In  1910  the  census 
showed  552,011  foreigners  in  Switzerland,  or 
nearly  15  per  cent  of  the  total  population.1  The 
effects  of  this  large  immigration  are  most  m;n  k«  d 
in  the  principal  border  cities.  While  most  of  the 
foreigners  resident  in  the  country  belong  to  the 
working  classes,  there  are  also  many  tradesmen 
and  commercial  men  among  them  whose  advent 
has  been  accompanied  by  a  quite  perceptible 
degree  of  "peaceful  penetration"  on  the  part  of 
foreign  capital.  A  considerable  number  of  the 
resident  aliens  have  fled  from  their  own  countries 
to  escape  army  service  or  because  of  political 
offenses,  and  the  presence  of  this  element  occa- 
sionally gives  rise  to  great  solicitude.  The  large 
masses  of  foreign  born  also  cause  trouble  in  con- 

1  Of  these  foreigners,  39.6  per  cent  were  from  Germany, 
36.7  per  cent  from  Italy,  11.5  per  cent  from  France,  7.2  per 
cent  from  Austria-Hungary.  A  rapid  increase  took  place 
in  the  foreign  population  of  Switzerland  between  1900  and 
1910. 


SICAL  BASIS  OF  THE  FEDERATION 

nection  with  poor  relief,  naturalization,  and  the 
military  system  of  Switzerland.  In  party  politics, 
particularly  when  i <-l.it i.. MS  \\ith  other  countries 
are  involved,  they  are  a  disturbing  dement. 
All  together,  therefore,  Switzerland  has  an  im- 
migration problem  on  her  hands  whuh  in  pro- 
port  -he  size  of  the  country  is  probably  as 
large  and  difficult  as  our  own. 

Two  political  conclusions  may  be  based  upon 
the  industrial  and  social  conditions  prevailing 
among  the  Swiss.  In  the  first  place,  a  people 
vied  by  so  many  geographical  barriers,  so 
divergent  in  language  and  religion,  and  also, 
it  may  be  added,  in  race  and  customs,  must  needs 
provide  ample  leeway  in  its  governing  machinery 
for  local  liberties  and  local  self-rule.  As  a  matter 
of  fact  this  condition  is  fully  met  by  the  federal 
system  of  government  and  by  the  large  meas- 
ure of  decentralization  prevailing  in  the  various 
statt 

Secondly,  Switzerland  is  admirably  qualified 
for  popular  government.  Twenty-two  centuries 
ago  Aristotle  observed  that  "the  best  material 
of  democracy  is  an  agricultural  population;  there 
o  difficulty  in  forming  a  democracy  where  the 
mass  of  the  people  live  by  agriculture  or  tending 
of  cattle."  l  Now  not  only  are  the  Swiss  largely 
agricultural  and  pastoral,  but,  as  was  noted  above, 
the  line  separating  industry  from  agriculture  is 
not  so  sharply  drawn  in  Switzerland  as  in  other 
1  "Policies,"  VI,  4. 

C«3] 


GOVERNMENT  OF  SWITZERLAND 

countries.  Certainly  the  economic  virtues  of  the 
two  classes  are  largely  the  same,  —  intense  appli- 
cation, shrewd  practicality,  trained  intelligence, 
and  the  production  to  as  great  an  extent  as  the 
opportunities  permit  of  high-grade  commodities. 
Peasant  and  artisan  alike,  therefore,  are  the  solid, 
dependable  sort  of  human  material  from  which 
alone  free  governments  may  be  built. 

Defying  countless  obstacles  and  surmounting 
frequent  catastrophes,  the  Swiss  have  builded 
slowly  and  stanchly  rather  than  rapidly  and 
brilliantly.  They  take  a  singularly  sensible 
view  of  their  own  work.  For  a  long  time  they 
have  been  accustomed  to  smile  politely  to  them- 
selves over  the  somewhat  undiscriminating  praise 
of  their  political  achievements  by  enthusiastic 
foreign  observers.  Much  of  what  the  Swiss  have 
accomplished  may  be  regarded  as  they  regard  it, 
—  namely,  as  a  matter  of  course,  —  but  it  is 
nevertheless  true  that  usually  they  have  displayed 
democratic  simplicity,  boldness  combined  with 
good  sense,  and  a  highly  economic  use  of  limited 
resources  in  the  accomplishment  of  their  political 
purposes.  No  doubt  their  task  has  been  made 
easier  by  certain  favoring  conditions,  such  as 
the  absence  of  metropolitan  cities,  of  great  masses 
of  ignorant  voters,  and  of  enormous  differences 
in  the  distribution  of  wealth.  On  the  other  hand, 
these  favoring  circumstances  scarcely  exist  to 
such  a  degree  as  to  place  the  Swiss  republic  in  a 
class  by  itself,  imitation  of  which  by  the  United 

[•4] 


PHYSICAL  BASIS  OF  THE  FEDERATION 

States  or  other  democracies  is  out  of  the  quest . 
Some  of  the  problems  of  government  *hu-h  Swit- 
zerland has  solved  represented  as  heavy  a  burden 
in  proportion  to  her  strength  as  any  that  America 
has  attempted.     It  should   be  remembered  also 
that  in  whatever  we  may  undertake,  our  finan 
resources,  both  absolutely  and  relatively,  far  ex- 
ceed those  of  the  little  republic  of  the  Alps. 


SELECTED  BIBLIOGRAPHY 

DAW*)*,  W.  H.     "Social    Switzerland,"     Pt.    I,    Ch.    Ill 

(The  Houic  Industries). 
Fox.  1       -<-.Mf.   :L    i.    Ch.  I  (The  Spirit  of  the  Mountains), 

The  Swiss  People  Today). 
HOWBLLS,  W.  D.    "A  Little  Swiss  Sojourn." 
LLOYD,  H.  D.    "A  Sovereign  Peopl  (A  Laboratory 

of  Democracy),  Ch.  XV  (The  Fruits  of  Democracy). 
MOSES,  B.     "The    Federal    Government    of    Switzerland," 

Ch.  I  (Introductory). 

STORY,  A.  T.    "Swiss  Life  in  Town  and  Coun 
SYMONDS,  J.  A.    "Our  Life  in  the  Swiss  Highlands." 
WEBB,  F.    "  Switzerland  of  the  Swiss." 


[15] 


CHAPTER  II 

DEVELOPMENT  OF  THE   SWISS 
FEDERATION 

FOR  unnumbered  centuries  prior  to  the  dawn 
of  history  the  country  that  is  now  Switzer- 
land was  occupied  by  a  race  the  relics  of  which 
show  that  it  passed  through  the  typical  evolution 
from  the  age  of  stone  to  the  age  of  bronze  and 
from  the  age  of  bronze  to  the  age  of  iron.  A 
large  part  of  this  primitive  population  lived  in 
lake  dwellings  remarkable  for  their  number  and 
extent. 

At  the  time  when  Roman  writers  first  mention 
Switzerland,  it  was  inhabited  by  Keltic  tribes, 
chief  among  which  were  the  Rhaetians,  who 
lived  in  the  projecting  eastern  angle  of  the  country, 
and  the  Helvetians,  who  occupied  all  the  plateau 
or  basin  region  and  the  adjacent  mountain  dis- 
tricts. The  Helvetians  raised  cattle  and  carried 
on  a  rude  sort  of  agriculture,  but  were  almost 
constantly  engaged  in  warfare  among  themselves 
and  in  raiding  expeditions  against  their  neighbors. 
Roman  In  58  B.C.  Caesar  began  the  conquest  of  the 
occupation  fie|vetjans  por  four  centuries  thereafter  Rome 
occupied  the  country,  imposing  its  language, 
religion,  and  civilization  upon  the  native  tribes. 
Primitive  forms  of  agriculture  soon  gave  way 


DEVELOPMENT  OF  THE  FEDERATION 

before  the  better  methods  taught  by  the  con- 
querors. Swiss  mountain  passes  and  valleys 
were  opened  up  by  well-made  roads  of  the  sort 
\\hich  everywhere  followed  the  triumphant  flight 
of  the  Roman  eagles.  Along  these  highways 
trade  flowed  freely,  under  the  protection  of  the 
pax  Romana.  Toward  the  close  of  the  imperial 
occupation  C'h  spread  rapidly.  Hut, 

on  the  other  hand,  during  this  period  Roman 
soldiery  domineered  over  the  native  peoples, 
Roman  vices  sapped  their  vitality,  and  the  crafty 
Roman  policy  of  divide  et  impera  reduced  them 
to  political  impotence. 

With  the  breakdown  of  the  Empire  under  bar- 
barian inroads  the  influence  of  Rome  in  Switzer- 
land was  quickly  obliterated,  and  little  remained 
to  show  it  save  the  ruins  of  her  highways  and 
engineering  works.  As  early  as  260  A.D.  the 

•  wave  of  the  Allemannians,  a  German  race, 
reached  northeastern  Switzerland.  Successive 
waves  of  this  conquering  people  followed,  until 
by  the  middle  of  the  fifth  century  they  had  spread 
as  far  west  as  Geneva.  Also  from  Savoy,  where 
land  had  previously  been  allotted  them  by  the 
Romans,  the  Burgundians  pushed  into  Switzer- 
land, occupying  Valais,  Freiburg,  and  other  west- 
ern districts.  From  these  two  basic  stocks  the 
Swiss  people  and  civilization  of  today  are  largely 
derived.  However,  it  was  in  exclusively  Teutonic 
territories  that  the  political  evolution  of  modern 
Switzerland  originated  and  received  much  <>: 

[17] 


GOVERNMENT  OF  SWITZERLAND 

distinctive  form.  Not  till  a  comparatively  recent 
date  do  the  French-speaking  descendants  of  the 
Burgundians  begin  to  cooperate  in  this  process. 

The  Allemannians  were  pagan  worshipers  of 
Odin,  who  seized  goods  and  lands  alike  and  re- 
duced their  captives  to  slavery.  In  accordance 
with  Teutonic  customs  the  territory  conquered 
by  these  tribes,  under  the  leadership  of  various 
chieftains  and  kings,  was  divided  into  counties, 
each  of  which  was  placed  under  the  rulership  of 
a  count,  chosen  by  the  people  from  among  the 
nobles.  When  war  broke  out  all  the  fighting 
men  united  under  a  duke  or  leader  of  their  own 
choosing.  From  time  to  time  popular  assemblies 
of  freemen  were  held  to  decide  upon  common 
action,  to  render  judicial  decisions,  and  for  re- 
ligious and  other  purposes.  In  spite  of  these 
democratic  elements  there  were  sharp  distinc- 
tions among  the  Allemannians  between  the 
"free"  and  the  "unfree."  Indeed,  the  feudalism 
which  was  to  spread  over  Switzerland  later  had 
its  roots  in  the  sharp  social  cleavages  established 
by  the  barbarian  conquests. 

Prankish        As  a  result  of  the  Prankish   conquest  in  the 
conquest     sjxtn  century  Switzerland  passed  under  the  con- 
trol of  the  Merovingian  dynasty  (536-752  A.D.), 
and   later  of  the  Carolingian  dynasty   (752-843 
A.D.).     With  the  exception  of  the  reigns  of  a  few 
enlightened   monarchs,   these    were    centuries    of 
disorder,  war,  and  misery.     One  bright  spot  was 
due  to  the  coming,  early  in  the  seventh  century, 
[18] 


DEVELOPMENT  OF  THE  FEDERATION 

of  a  party  of  Irish  monks,  whose  fiery  preaching 
spread  the  gospel  over  the  entire  country  and 
led  to  the  foundation  of  many  churches,  shrines, 
and  monasteries.  Under  the  Merovingians  the 
system  of  government  was  further  centralized. 
1  .ih MM  was  thoroughly  established;  cruelty 
and  oppression  were  widespread.  Even  the  mon- 
asteries became  landlords  on  a  great  scale,  al- 
though as  a  rule  their  tenants  were  treated  more 
humanely  than  those  of  the  lay  nobles. 

Early  in  the  ninth  century  Switzerland  became 
a  part  of  the  German  Empire.  As  such  it  took 
irs  full  share  of  the  fighting  and  much  more  than 
its  full  share  of  the  suffering  caused  by  the  long- 
drawn-out  duel  between  the  imperial  and  papal 
powers.  Not  till  the  end  of  the  thirteenth  cen- 
tury does  the  country  begin  to  have  an  in- 
dependent history.  It  had  been  but  a  minor 
pawn  in  the  game  of  conquest  waged  first  by 
the  Romans,  then  by  Allemannians  and  Franks; 
it  was  nothing  more  in  the  hands  of  the  Holy 
Roman  Empci 

In  the  great  struggle  against  feudalism  wlm-h 
was  to  be  fought  out  later  over  the  whole  of 
Europe,  walled  cities  everywhere  became  cen- 
ters of  the  democratic  movement.  Fortunately 
Switzerland  had  such  centers  from  an  early  date. 
Owing  to  the  pouring  in  of  marauders  from  the 
east,  the  building  of  strong  walls  around  all 
ns  of  a  certain  size  was  ordered  in  the  tenth 
century  (917  A.D.).  In  return  for  the  burden 

[•9] 


GOVERNMENT  OF  SWITZERLAND 

thus  imposed  and  to  encourage  immigration 
from  rural  districts,  certain  privileges  were 
conferred  upon  the  Burger^  or  citizens  living 
within  such  fortified  places  (Biirgen).  But  Swit- 
zerland possessed  other  possible  centers  of  resist- 
ance to  feudal  oppression.  These  were  the  high 
and  remote  valleys  of  the  country,  protected, 
not  by  man-made  walls,  but  by  frowning  moun- 
tain ramparts.  Communities  dwelling  within 
such  valleys  could  resist  assaults  as  well  as  could 
the  fortified  cities  of  the  plain.  If  beaten  they 
could  flee  pursuit,  a  thing  which  the  Burger  could 
not  do.  Finally,  they  had  the  advantage  of 
offering  far  less  to  the  cupidity  of  conquerors 
than  did  the  wealthy  lowland  centers  of  trade 
and  industry.  Switzerland  owes  its  liberty  to 
a  union  of  peasant  communes  and  walled  cities. 
It  was  by  the  former,  however,  that  the  first  great 
historic  step  was  taken  toward  independence. 
The  three  Uri,  Schwyz,  and  Unterwalden  were  three 
such  mountain  communities,  clustering  about 
the  densely  wooded  shores  of  Lake  Luzern. 
Although  resembling  each  other  closely  in  their 
physical  surroundings,  these  forest  states,  as 
they  came  to  be  called,  differed  greatly  in  their 
political  status.  In  1231  Uri  had  obtained  a 
charter  declaring  its  immediate  dependence  upon 
imperial  authority,  and  consequently  it  enjoyed 
immunity  from  all  lesser  overlords.  In  Schwyz 
freemen  preponderated,  but  neighboring  magnates 
retained  certain,  or  rather  very  uncertain,  feudal 

[20] 


DEVELOPMENT  OF  THE  FEDERATION 

privileges.     A  charter  placing  the  free  community 
of  Schwyz  in   immediate  dependence  upon   the 
Emperor  had  been  granted  in  1240,  but  after  a 
few  years  the  Habsburgs  ignored  it  in  put- 
Politically  Unterwalden  was  inferior  to  the  <>T 
two.     It  had  a  smaller  number  of  freemen,  and 
soil   was  controlled   to  a  greater  extent   by 
lords,  both  lay  and  ecclesi.:  i 

In  1273  Rudolph  of  Habsburg  was  elevated 
to  the  imperial  throne.  Scion  of  a  family  of 
robber  barons  which  established  itself  in  Aargau 
as  early  as  the  tenth  century,  this  feudal  soldier 
of  fortune  had  acquired  great  holdings  in  that 
canton  and  elsewhere  in  Switzerland.  With 
imperial  power  and  feudal  overlordship  now 
united  in  the  hands  of  one  and  the  same  man, 
the  people  of  these  districts  were  naturally 
alarmed  over  their  special  rights  and  privileges. 
Toward  his  Swiss  possessions  generally  Rudolph 
behaved  magnanimously,  showing  particular  favor 
to  the  cities.  As  far  as  the  forest  cantons  were 
concerned,  however,  while  admitting  the  imperial 
privileges  of  Uri  he  evaded  without  denying  the 
claims  of  Schwyz.  Meanwhile  Rudolph  pur- 
chased certain  estates  surrounding  the  three 
cantons,  which  led  to  the  suspicion  on  their  part 
that  he  meant  to  cut  them  off  from  the  lake, 
their  natural  channel  of  communication  with 
the  outside  world. 

Whatever  the  three  cantons  had  to  hope  or 
fear  from  Rudolph,  they  harbored  no  illusions 


GOVERNMENT  OF  SWITZERLAND 

The  "Per-  regarding  the  attitude  of  the  cruel  and  ambitious 
L^e"  Albert,  his  only  son.  Rudolph's  death,  there- 
of U9i  fore,  became  the  signal  for  prompt  action.  A 
fortnight  later,  on  August  i,  1291,  the  men  of 
Uri,  Schwyz,  and  the  lower  valley  of  Unter- 
walden,  "in  view  of  the  evil  of  the  time,"  entered 
into  a  "Perpetual  League"  that  they  might 
"better  defend  themselves  and  their  own."1 
Each  of  the  three  peoples  bound  itself  by  oath 
"to  hasten  to  the  aid  of  the  other  ...  in  order 
to  resist  attacks  of  evildoers,  and  to  avenge 
injuries."  Further  they  agreed  that  they  would 
"in  no  wise  receive  or  accept  any  judge  who  has 
obtained  his  office  for  a  price,  .  .  .  nor  one  who 
is  not  a  native  or  resident  with  us."  Other 
clauses  deal  with  several  kinds  of  domestic 
crime,  —  murder,  arson,  robbery,  contempt  of 
court,  concealment  of  fugitives  from  justice, 
and  the  like,  —  truly  a  list  that  throws  a  flood 
of  light  upon  the  disorder  of  that  period. 

Primarily  the  "Perpetual  League"  of  1291 
was  a  defensive  alliance.  The  confederates  were 
seeking,  not  new  rights,  but  the  preservation  of 
ancient  liberties  threatened,  as  they  feared,  by 
the  forces  of  reaction.  In  the  pursuit  of  this 

1  The  venerable  document  containing  this  agreement  is 
still  preserved  in  the  archives  of  Schwyz.  Latin  is  the  lan- 
guage used.  Photographic  reproductions  may  be  found 
in  Oechsli,  "Les  Origines  de  la  Confederation  suisse,"  Bern, 
1901;  and  in  Hilty,  "  Les  Constitutions  federates  de  la  Suisse," 
Neuchatel,  1891.  An  English  translation  is  presented  in 
Vincent's  "Government  in  Switzerland,"  pp.  285-288. 


DEVELOPMENT  OF  THE  FEDERATION 

purpose  they  were  careful  to  affirm  their  intent 
to  act  "in  such  a  manner  that  every  man,  accord- 
in-  to  his  rank,  shall  continue  to  yield  proper 
obedience  to  his  overlord,"  —  that  is,  they 
expressly  recognized  such  feudal  obligations 
mg  upon  themselves  as  had  a  legal  basts. 
Nor  ilid  the  treaty  into  which  they  entered 
provide  for  a  permanent  organ  to  secure  its 
enforcement.  Arbitration  when  needed  was  the 
nearest  approach  to  anything  of  the  sort.  In 
case  of  dissension  "prudent  men  of  the  con- 
federation shall  come  together  to  settle  the 
dispute  ...  as  shall  seem  right  to  them,  and 
the  party  which  rejects  the  judgment  shall  be 
an  enemy  to  the  other  confederates." 

Cautious  and  informal  as  were  the  terms  of 
league,  often  as  its  overthrow  was  menaced 
both  from  without  and  from  within,  it  neverthe- 
less remains  the  starting  point  of  all  subsequent 
political  development  in  Switzerland.  From  a 
constitutional  point  of  view  the  history  of  the 
country  since  1291  may  be  divided  into  the 
following  periods: 

I.  The  Old  Confederation  (1291-1798). 
II.  The  Helvetic  Republic  (1798-1803). 

III.  The  Act  of  Mediation  (1803-1815). 

IV.  The  Pact  of  1815  (1815-1848). 

V.  The   Period  of  the   Federal  Constitution 
(1848  to  the  present  time). 

[as] 


GOVERNMENT  OF  SWITZERLAND 


I .    The  Old  Conffdf  ration  ( 1 29 1  - 1 798) 

In  the  struggle  for  the  succession  which  fol- 
lowed Rudolph's  death,  the  new  league  threw  in 
its  fortunes  with  Adolph  of  Nassau.  Although 
allied  temporarily  with  Zurich  in  this  cause,  the 
confederates  were  unsuccessful  at  first,  and  in 
1292  were  compelled  by  Austrian  forces  under 
Albert  of  Habsburg  to  sue  for  peace.  Six  years 
later  Albert  defeated  his  rival  and  was  at  last 
in  a  position  to  punish  thoroughly  his  rebellious 
Swiss  peasants.  The  exploits  of  Wilhelm  Tell 
and  other  mythical  heroes  of  the  struggle  against 
Austrian  tyranny  are  assigned  to  the  period 
immediately  following.  There  is  no  reliable 
evidence  in  support  of  the  Tell  story,  but  as 
symbolic  of  Swiss  love  of  liberty  it  has  a  signifi- 
cance as  deep  as  that  of  historic  fact. 

After  the  assassination  of  Albert,  in  1308,  the 
Habsburg  family  lost  possession  of  the  throne 
temporarily.  Henry  VII,  Count  of  Luxemburg, 
who  succeeded  Albert,  granted  a  charter  to 
Unterwalden  and  confirmed  the  earlier  charters 
of  Uri  and  Schwyz.  But  at  the  death  of  Henry, 
after  a  reign  of  only  five  years,  civil  war  again 
broke  out  in  the  Empire,  and  once  more  the 
confederates  aligned  themselves  against  the 
Habsburgs.  To  punish  them  Duke  Leopold, 
with  an  army  of  15,000  men,  officered  by  the 
flower  of  Austrian  chivalry,  marched  upon 


DEVELOPMENT  OF  THE  FEDERATION 

Schwyz.  At  the  pass  of  Morgarten  1300  Swiss 
peasants  stopped  the  advance  of  the  invaders 
by  hurling  trees  and  heavy  bowlders  down  upon 
them  from  the  overhanging  crags,  and  then 
charging  \\ith  halberts,  scythes,  and  iron-studded 
clubs,  drove  the  Austrians  into  the  neighboring 
lake.  It  was  a  ghastly  medieval  butchery,  but 
it  demonstrated  the  cohesive  power  of  the  fed- 
erated cantons  and  the  fighting  qualities  of 
simple  peasants  even  when  pitted  against  the 
proudest  nobility  of  Europe. 

Returning  to  their  homes,  the  victorious 
peoples  of  the  three  forest  states  renewed  the 
Perpetual  League  of  1291  in  a  somewhat  strength- 
ened form  (i^ij).  Fortune  deserted  the  Habs- 
burgs  at  this  time,  and  for  more  than  a  century 
no  member  of  that  house  reached  the  imperial 
throne.  Except  for  brief  intervals,  wars  were 
continuous  during  this  period.  At  Sempach, 
where  the  heroic  Arnold  Winkelried  fell,  the 
->s  repeated  the  lesson  they  had  first  taught 
the  Austrians  at  M«  (1386).  Two  years 

later  the  peasants  of  Glarus  were  again  victorious 
at  Nafels  over  the  same  enemy.  Peace  \virh 
Austria  lasted  for  seventy-five  years  thereafter, 
a  blessed  relief  for  the  suffering  and  impoverished 
people  of  the  League. 

Meantime  the  League  received  several  acces- 
sions. After  many  bloody  struggles  Luzern  also 
had  shaken  off  the  Austrian  yoke,  and  in  133:  it 
entered  into  an  offensive  and  defensive  alliance 

C'5] 


GOVERNMENT  OF  SWITZERLAND 

with  the  confederates.  The  accession  of  this 
city,  with  its  strategic  and  commercial  position 
at  the  foot  of  the  lake,  greatly  strengthened  the 
League.  In  1351  the  walled  city  of  Zurich 
became  one  of  the  allies.  Because  of  its  wealth 
and  power  it  was  immediately  hailed  as  capital 
of  the  League.  Zug,  a  small  town,  and  Glarus, 
a  rural  community,  joined  in  1352.  To  the  west 
the  city  of  Bern  had  been  building  up  a  powerful 
state  and  gathering  allies  for  her  own  wars  with 
Austria.  Her  accession  in  1353  brought  the 
membership  of  the  League  up  to  eight,  a  number 
that  remained  unchanged  for  more  than  a  century 
and  a  quarter. 

The  The  completion  of  the  League  of  Eight  brought 

La*fne  of  with  it  not  only  a  great  extension  of  power  and 
territory  but  also  some  internal  development. 
It  became  the  custom  for  diets  composed  of 
representatives  from  the  allied  states  to  meet 
from  time  to  time,  usually  at  Zurich,  Luzern,  or 
Bern.  Still  there  was  very  little  uniformity  with 
regard  to  intercantonal  obligations.  "While  each 
of  the  five  new  members  was  allied  with  the 
original  nucleus  —  the  three  forest  districts  — 
these  five  were  not  directly  allied  to  one  another: 
Luzern  was  allied  with  Zurich  and  Zug;  Zurich 
with  Luzern,  Zug,  and  Glarus;  Glarus  with 
Zurich;  Zug  with  Luzern  and  Zurich;  Bern 
with  no  one  except  the  three  original  members."  l 

1  W.   A.    B.   Coolidge,    article    "Switzerland,"    Encyclo- 
paedia Britannica,  nth  Edition. 

[26] 


DEVELOPMENT  OF  THE  FEDERATION 

Nevertheless,  political  unity  was  slowly  evolving 
.iini.l  this  tangle  of  alliances.1 

Two  important  agreements  reached  during 
the  latter  half  of  the  fourteenth  century  also 
in. hcate  a  growing  spirit  of  independence  toward 
the  outer  world  and  of  cooperation  v.ithin  the 
League.  The  first  of  these  was  the  Priests9 
Letter,  which  was  adopted  in  1370  by  all  the 
cantons  except  Bern  and  Glarus.  It  derives  its 
name  from  the  strong  positions  taken  with 
regard  to  the  abuse  of  clerical  jurisdiction. 
Ecclesiastics  of  foreign  citizenship  J\M  lling  within 
Swiss  territory  were  forbidden  by  the  Priests' 
Letter  to  summon  a  citizen  of  the  confederation 
before  any  foreign  court,  lay  or  clerical.  If 
they  wished  to  push  cases  of  this  character  they 
were  to  be  obliged  to  take  them  into  the  local 
courts,  except  in  matters  falling  within  the 
Jiction  of  the  bishop.  Laymen  were  also 
forbidden  to  begin  suits  agai  tizens  in 

foreign     courts.     All     persons     living     in     Swiss 
territory  who  were  bound  by  oath  of  vassalage 
to  the  dukes  of  Austria  were  required  to  sv. 
allegiance  to  the  confederation,   and   this  I.r 
oath  was  to  take  precedence  over  all  others,  past 
or  future.     Private  feuds  and  all  armed  expedi- 

1  Evidence  of  this  fact  is  afforded  by  the  use,  beginning 
about  the  middle  of  the  fourteenth  century,  of  the  name 
"Switzerland"  (derived  from  "Schwyz")  for  the  confeder- 
ation as  a  whole.  Earlier  writers  had  employed  the  term 
"///  Li  pus  dt  la  Hauu  AUfmagnt";  that  is,  the  Leagues  of 
Upper  Gen; 


GOVERNMENT  OF  SWITZERLAND 

tions  not  sanctioned  by  the  authorities  were 
prohibited.  Finally,  the  confederates  agreed  to 
protect  at  any  cost  all  the  roads  in  their  terri- 
tory, so  that  wayfarers,  whether  peasants  or  city 
dwellers,  foreigners  or  natives,  might  travel  in 
complete  security  of  goods  and  person. 
Covenant  The  Covenant  of  Sempach  (1393)  was  the 
Sem  ch.  seconc^  niajor  agreement  entered  into  by  the 
Swiss  during  the  fourteenth  century.  In  part  it 
was  suggested  by  certain  unfortunate  experiences 
at  the  battle  of  Sempach,  which  occurred  seven 
years  earlier;  hence  the  name.  As  the  first  war 
ordinance  of  the  League  it  became  the  basis  of 
all  subsequent  military  legislation  by  the  old  con- 
federation. Politically  its  importance  is  great 
because  it  received  the  direct  approval  of  all  the 
cantons,  both  rural  and  urban.  Without  interfer- 
ing in  any  way  with  cantonal  autonomy  of 
army  organization  and  control,  the  Covenant 
of  Sempach  lays  down  certain  important  rules 
regarding  the  conduct  of  campaigns.  No  canton 
or  part  of  a  canton  should  be  allowed  to  begin 
fighting  arbitrarily.  Wars  should  be  entered 
upon  only  for  just  cause  and  not  until  after  the 
constituted  authorities,  acting  in  conformity  with 
their  alliances,  had  decided  formally  and  solemnly 
upon  their  prosecution.  All  those  who  as  soldiers 
of  the  same  city  or  rural  state  belonged  under  one 
banner  should  remain  together  in  battle  as  long  as 
danger  threatened.  Even  the  wounded  were  not 
allowed  to  leave  the  field  until  the  fighting  was 

[a8] 


DEVELOPMENT  OF  THE  FEDERATION 

over.  Deserters  were  to  be  severely  punished  by 
the  courts  of  their  own  cantons.  No  booty  was 
to  be  taken  while  the  fighting  lasted.  Afterwards 
each  soldier  should  hand  over  whatever  he  had 
secured  to  his  officers,  who  were  to  divide  it 
equitably  among  those  who  had  taken  part  in 
tin-  battle.  Side  by  side  with  these  very  practical 
rules  on  warfare  and  plunder,  the  Covenant  of 
Sempach  contained  also  some  humane  precepts 
that  were  far  in  advance  of  the  time.  Soldiers 
<-  not  to  sack  or  burn  churches  and  convents 
unless  they  were  occupied  by  enemies  or  enemy 
goods.  No  one  should  attack  women  unless  by 
their  outcries  they  gave  warning  to  an  enemy 
or  engaged  in  the  fighting  themselves. 

During  the  fifteenth  century  the  Swiss  de- 
veloped  an  astounding  military  and  diplomatic 
itv.  Although  but  recently  emancipated 
from  foreign  control,  the  cantons,  separately  or 
in  partnership,  and  finally  the  Confederation 
itscl  !  every  opportunity  to  gain  territory, 

whether  by  pimh.isi,  forfeiture,  or  wars  of 
conquest.  Nor  did  they  rule  their  new  subject 
;r«nies  with  moderation  or  justice:  the  Swiss 
of  this  period,  as  Vincent  shrewdly  remarks, 
"were  democrats  at  home  but  not  abroad."  * 
A  very  different  relation  existed  with  a  number 
of  allied  cit  Although  not  counting  as 

full  members  of  the  League,  some  of  the  latter, 
as    for   example    St.    Gallen    and    Bienne,    were 
<  Government  in  Switzerland,"  p.  23. 


GOVERNMENT  OF  SWITZERLAND 

given  seats  and  votes  in  the  diet.  Others,  like 
Schaffhausen  and  Miihlhausen,  were  treated 
merely  as  allies  without  being  given  representa- 
tion in  the  council  of  the  confederates.  In  this 
way  Graubiinden,  Valais,  Geneva,  and  several 
free  impt-n;il  cities  of  Germany,  including  even 
Strasburg  at  one  time,  were  brought  into  coopera- 
tion with  the  League. 

Alliances  were  entered  into  also  with  the 
greater  continental  powers.  The  Swiss  fought 
their  last  war  with  Austria  in  1415  and  emerged 
from  it  with  a  number  of  conquered  districts 
firmly  in  their  possession.  Only  sixty  years 
later  they  leagued  themselves  with  this  ancient 
enemy  of  theirs,  and  also  with  France  and 
Germany,  for  the  conquest  of  Burgundy.  Sup- 
ported by  the  gold  of  Louis  XI,  the  Swiss  did 
most  of  the  fighting  in  the  short  but  terrible 
campaigns  which  followed  (1474-1477).  Not 
even  in  their  wars  for  freedom  did  they  display 
greater  bravery  than  at  Grandson  and  Morat. 
After  the  defeat  and  death  of  Charles  the  Bold 
at  Nancy  several  new  territories  occupied  by 
French-speaking  populations  were  acquired  in 
the  west.  Bern  and  Freiburg,  but  especially 
the  former,  were  the  chief  gainers  by  these 
additions.  From  this  time  on  the  Swiss  entered 
more  and  more  largely  into  the  sordid  business 
of  selling  their  fighting  men  to  foreign  powers. 
It  is  estimated  that  between  1474  and  1715 
they  received  from  France  alone  2,675,000,0x30 

[30] 


DEVELOPMENT  OF  THE  FEDERATION 

'/•  ($477,500,000)  for  mercenaries,  of  whom 
700,000  lost  their  lives  in  tlu  service  of  that 
count 

An  attempt  by  the  Emperor  Maximilian  in 
1499  to  reassert  German  authority  over  Switzer- 
land resulted  in  a  short  but  bloody  war  in  which 
the  confederates  were  again  victorious.  The 
influence  of  Germany,  which  had  been  growing 
less  and  less  since  the  Burgundian  war,  now 
ceased  entirely,  although  the  independence  of 
/c  i land  from  the  Empire  was  not  formally 
recognized  until  the  Peace  of  Westphalia  (1648). 

In  spite  of  the  brilli.uu-y  of  her  victories  and 
the  rapidity  of  her  expansion,  Switzerland  never- 
tin  i  rd  upon  a  process  of  internal  decay 
during  the  sixteenth  century.  The  original 
success  of  the  League,  as  was  pointed  out  above, 
had  been  due  to  the  cooperation  of  two  distinct 
elements,  —  rural  communities  and  dries.  Proud 
because  they  had  founded  the  League  and  fought 
the  first  battles  for  independence,  the  rural 
rs  could  not  help  looking  down  somewhat 
upon  the  cities  which  had  not  joined  the  League 
until  later.  Devoted  also  to  their  ancient 
democracies,  they  hated  and  feared  the  rising 
tuK  ot  .numeracy  in  the  cities;  for  as  the  urban 
centers  grew  richer  and  more  populous,  smaller 
and  smaller  groups  gained  control  of  their  govern- 
ments. The  forest  states  also  complained  with 
great  bitterness  that  the  cities  always  received 
1  Baker,  "  Model  Republic,"  p.  346. 

C3I] 


GOVERNMENT  OF  SWITZERLAND 

the  lion's  share  of  the  new  territories  gained  by 
war. 

A  savagely  contested  civil  war  lasting  eight 
years  (1442-1450  A.D.)  sprang  from  these  con- 
troversies. Later  a  quarrel  over  the  spoils  of 
the  Burgundian  war  brought  the  League  again 
to  the  point  of  dissolution.  One  diet  failed 
to  settle  the  difficulty.  Although  the  situation 
seemed  hopeless,  a  second  was  called  at  Stanz 
to  make  a  last  effort  for  peace.  The  second 
diet  was  about  to  break  up  into  angry  factions 
when  a  remarkable  revulsion  of  feeling  occurred, 
due  to  the  moral  influence  of  Nicholas  von  der 
Flue,  a  greatly  venerated  hermit  of  the  neighbor- 
hood. Historical  investigation  has  shown  that 
the  hermit  Nicholas,  or  Brother  Klaus,  as  he  is 
more  popularly  known,  was  as  wise  politically 
as  he  was  saintly,  so  that  the  success  of  his 
mediation  can  scarcely  be  considered  a  miracle 
pure  and  simple.  By  the  agreement  finally 
reached  on  this  occasion,  known  as  the  Conven- 
tion of  Stanz,  the  old  Perpetual  League,  the 
Priests'  Letter,  and  the  Covenant  of  Sempach 
were  reaffirmed.  All  the  separate  alliances  which 
the  cantons  had  formed  to  further  their  own 
interests,  against  the  Confederation  itself  if 
need  be,  were  dissolved.  Intervention  by  one 
canton  in  the  affairs  of  another  was  forbidden 
except  in  cases  of  revolt  threatening  the  interests 
of  the  League,  when  the  Confederation  itself  was 
empowered  to  take  the  necessary  steps.  New 

[32] 


DEVELOPMENT  OF  THE  FEDERATION 

and    more    detailed    regulations    regarding    the 
ion  of  booty  and  conquered  territory  were 
included  in  the  agreement. 

By  another  agreement  entered  into  the  same  LM« 
day,  Freiburg  and  Solothurn  were  admitted  to   * 
the  League,  the  first  accessions  for  more  than    uu 
a  century  and  a  quarter.    They  had  long  desired 
to   become   members,    but    had    been    kept   out 
because  of  the  opposition  of  the  rural  states  to 
any   increase   in    the    urban   element.     In    1501 
the   northern   cities  of  Basel   and   Schaffhausen 
entered  the  League,  greatly  increasing  its  strength 
in  that  direction.     With  the  admission  of  Appen- 
zell  in  1513,  the  League  reached  a  membership 
of  thirteen,  a  number  which  remained  unchanged 
to  the  end  of  the  Old  Confederation. 

Whatever   may   be   our   judgment    as   to   its  TW 
ultimate    results,    the    first    effect    of  the    Swiss   j 
Reformation    in    the    sixteenth    century   was    to   01*00 
intensify  enormously  the  internal  dissensions  of 
the  League.     In  1531  civil  war  broke  out  between 
Protestant  Zurich  and  Bern  on  the  one  side  and 
Catholic  Uri,  Schwyz,  Unterwalden,  and  Zug  on 
the   other.     Peace   followed    in   the   same   year, 
but    for   a   long   time   thereafter   Catholics    and 
Protestants  held  separate  diets.     Switzerland  had 
become  a  house  divided  against  itself,  and  the 
resultant  decline  in  its  strength  continued  through- 
out  the   seventeenth    and   eighteenth   centuries. 
Within  many  of  the  cantons  religious  persecution 
and  strife  of  the  most  vindictive  character  became 

[33] 


GOVERNMENT  OF  SWITZERLAND 

chronic.  Appenzell,  the  inner  districts  of  which 
were  intensely  Catholic  while  the  outer  were  as 
intensely  Protestant,  split  into  two  divisions,  or 
Rhodfn,  in  1597.  Thereafter  each  was  allowed 
a  half  vote  in  the  general  diet.  Fortunately 
for  itself,  the  Confederation  remained  neutral 
throughout  the  Thirty  Years'  War.  In  1712, 
however,  a  second  devastating  civil  war,  originat- 
ing in  religious  differences,  broke  out. 
The  Old  At  the  end  of  the  eighteenth  century  the  Old 
enSon"  Confederation  retained  but  a  shadow  of  its 
earlier  strength.  It  had  never  developed  a 
permanent  organ  of  government.  General  diets 
met  from  time  to  time,  but  they  were  formal 
and  ineffectual  affairs.  As  a  rule  delegates  were 
not  allowed  to  go  a  step  beyond  their  instructions, 
nor  could  a  majority  of  the  diet  bind  the  minority. 
The  central  government  of  Switzerland  at  this 
time  was  even  more  impotent  than  that  of  the 
United  States  under  the  Articles  of  Confedera- 
tion. So  far  as  foreign  influence  was  not  decisive, 
the  real  springs  of  political  action  were  to  be 
found  in  the  separate  cantons  and  in  the  special 
compacts  —  leagues  within  a  league  —  which 
they  formed  among  themselves. 

Within  the  thirteen  cantons  a  remarkable 
diversity  of  government  prevailed.  Six  of  the 
older  rural  states  were  pure  democracies  ruled 
by  sovereign  assemblies  of  free  citizens.  These 
were  Uri,  Schwyz,  Unterwalden,  Zug,  Glarus, 
and  Appenzell.  Of  the  urban  states  three 

[34] 


DEVELOPMENT  OF  THE  FEDERATION 


—  Zurich,  Basel,  and  Schaffhausen — 
popular  representative  governments.  Even  in 
these  cities,  however,  suffrage  was  limited  to 
mi i Id  members,  and  large  classes  of  citizens  were 
excluded  from  any  real  participation  in  polii 
affairs.  The  remaining  four  urban  states  — 
Bern,  Luzern,  Freiburg,  and  Solothurn  —  were 
close  oligarchies.  Among  these  four  the  govern- 
ment of  Bern  enjoyed  a  great  reputation  for 
business  capacity.  At  a  period  of  general 
impoverishment  in  Switzerland  the  oligarchs  of 
that  city  had  succeeded  in  amassing  a  state 
property  estimated  by  some  writers  to  be  worth 
nearly  fifty  million  litres.  Nevertheless,  this 
system  of  government  was  unintelligent,  oppres- 

,  and  honeycombed  with  various  forms  of 
corruption.  The  other  Swiss  states  ruled  by 
oligarchies  shared  these  defects,  but  were  far 
from  being  as  capably  managed  as  Bern.  In  all 
of  them  violent  uprisings  against  the  dominant 
family  groups  were  of  frequent  occurrence. 
Even  in  cantons  with  more  popular  governments, 
party  and  religious  strife  ran  high  and  disorders 
occasionally  broke  out.  An  additional  cause  of 
trouble  existed  in  the  rural  territories  which  all 
the  cities  had  acquired  outside  their  walls. 
Peasants  dwelling  in  these  districts  were  virtually 
excluded  from  participation  in  the  government 
and  were  heavily  oppressed  into  the  bar^ 
Some  of  the  rural  democr.u-ii-s  treated  their  out- 

i;  territories  in  the  same  high-handed  manner. 

[35] 


GOVERNMENT  OF  SWITZERLAND 

II.    Tbf  Helvetic  Republic  (1798-1803) 

Under  such  conditions  it  is  not  strange  that 
the  outbreak  of  the  French  Revolution  was 
followed  by  numerous  local  uprisings  in  Switzer- 
land. Aided  by  these  insurrectionary  movements, 
the  armies  of  the  Directory  swept  through  the 
country  in  1798,  bringing  the  Old  Confederation 
to  an  end,  after  a  history  of  five  centuries.  Ex- 
cept on  the  part  of  Bern  there  was  no  resistance 
worthy  of  the  name.  As  they  had  already  done 
in  Belgium,  the  Rhineland,  and  other  conquered 
territories,  the  new  masters  of  Switzerland 
proceeded  to  make  it  over  on  the  French  model, 
giving  it  the  name  of  the  Helvetic  Republic. 
French  Regardless  of  old  cantonal  lines,  twenty-two 
departments  were  marked  out.  A  national  legis- 
lature was  established  consisting  of  a  Senate  and 
a  Grand  Council,  each  canton  sending  four 
representatives  to  the  upper  and  eight  to  the 
lower  house.  Executive  matters  were  intrusted 
to  a  directory  of  five  members  elected  by  the 
senators  and  councilors.  Local  legislatures  were 
established  in  each  of  the  twenty-two  depart- 
ments, but  prefects  and  subprefects  were  sent  into 
them  to  look  after  the  interests  of  the  national 
government.  Thus  Switzerland,  which  had  been 
the  weakest  of  leagues  with  the  largest  possible 
measure  of  local  autonomy  and  the  greatest 
diversity  of  local  institutions,  was  at  one  stroke 
converted  into  a  highly  uniform,  centralized, 
bureaucratic  state. 

[36] 


DEVELOPMENT  OF  THE  FEDERATION 

Other  changes  wrought  by  the  French  iwept 
away  the  accumulated  mass  of  medieval  rubbish. 
Subject  territories  were  released  from  their  op- 
pressive masters,  and  the  old  n.i  -archies 
were  overthrown.  A  uniform  citizenship  and  a 
common  democratic  suffrage  were  established. 
Educational,  financial,  and  legal  institutions 
were  reformed.  Torture  was  abolished.  Free- 
dom of  residence  and  of  trade  and  liberty  of 
belief  and  of  the  press  were  guaranteed.  The 
new  constitution  even  borrowed  from  American 
sources  the  idea  of  a  constitutional  referendum.1 

Taken  all  together,  however,  these  changes 
were  too  sudden  and  extensive  to  last.  More- 
over, the  French  rulers'  conception  of  themselves 
as  the  evangels  of  a  new  democratic  gospel  was 
too  often  belied  by  their  deeds.  Immediately 
upon  their  entrance  into  the  country  these 
"liberators"  had  confiscated  the  enormous  state 
treasure  of  Bern.  Subsequently  they  made  con- 
r  and  heavy  requisitions  upon  the  country 
for  men  and  money.  The  Helvetic  Republic 
was  independent  in  appearance  only:  in  reality 
it  was  ruled  from  Paris  and  in  the  interests  of 
France. 

Hailed  as  friends  and  deliverers,  the  French 
soon  came  to  be  looked  upon  as  enemies  and 
oppressors.  Insurrection  promptly  broke  out 
against  them  in  several  districts  and  continued 

C.  Borgcaud,  "  £tablissement  et  revision  del  Con- 
stitutions en  Amerique  et  en  Europe,"  p.  23. 

[37] 


GOVERNMENT  OF  SWITZERLAND 

throughout  the  whole  of  the  five-year  period 
during  which  the  new  constitution  was  in  exist- 
ence. Opposition  was  particularly  strong  in  the 
old  forest  cantons,  which  were  far  too  well  satis- 
fied with  their  own  kind  of  democracy  to  care 
for  the  latest  French  model  of  the  Year  III.  In 
putting  down  these  revolts  the  French  soldiers 
were  guilty  of  extreme  severity.  The  massacre 
of  men,  women,  and  children  at  Stanz  (1798) 
was  not  soon  forgotten  by  the  Swiss.  To  all 
these  miseries  was  added  the  outbreak  of  war 
between  France  and  Austria,  as  a  result  of  which 
Switzerland  became  the  battlefield  of  the  con- 
tending armies. 

III.    The  Act  of  Mediation  (1803-1815) 

Napoleon,  then  First  Consul,  sent  Ney  to 
pacify  Switzerland,  and  as  soon  as  this  task  was 
accomplished  called  a  conference  of  Swiss  repre- 
sentatives at  Paris  to  form  a  new  constitution. 
The  plan  which  he  presented  to  this  body  reveals 
a  thorough  and  even  sympathetic  knowledge  of 
local  conditions  and  a  statesmanlike  grasp  of 
the  needs  of  the  hour.1  By  the  Act  of  Mediation 
which  resulted  from  the  conference  at  Paris, 

1  It  has  recently  been  pointed  out  by  W.  E.  Rappard 
in  his  "Notre  grande  Republique  Soeur,"  p.  32,  that  Napoleon 
was  much  impressed  at  this  time  by  the  federal  constitution 
of  the  United  States  as  suggesting  a  possible  solution  of  the 
problem  confronting  him. 

[38] 


DEVELOPMENT  OF  THE  FEDERATION 

teen  Swiss  cantons  were  recognized,  each  of 

whuli  w.is  -I-..  ;i  a  government  to  deal  with  local 
affairs.  The  six  new  cantons  thus  established 
<•  St.  GalK-n,  (iraubunden,  Aargau,  Thurgau, 
no,  and  Vaud.  To  some  of  the  nineteen 
states  were  given  democratic,  to  others  repre- 
sentative institutions,  as  one  or  the  other  accorded 
more  closely  with  tin  ir  former  usage.  Suffrage 
was  limited  by  a  property  qualification.  Regard- 
less of  reactionary  influence,  the  newly  liberated 
subject  territories  were  continued  as  sovereign 
ties.  The  ancient  title  of  "confederation" 
was  restored,  and  a  diet  provided  for,  to  which 
the  larger  cantons  sent  two  and  the  smaller 
cantons  one  representative  apiece.  Six  of  the 
prin  utes  were  recognized  as  "Cantons 

DirfcUurs"  Diets  were  to  be  held  in  each  of 
t  !u  m  in  turn,  and  the  chief  official  of  the  canton 
in  \\lm-h  it  was  held  became  Landamman  or 
president  of  Switzerland  for  the  time  being. 

Under  the  Act  of  Mediation  Switzerland  en- 
joyed unwonted  peace  and  prosperity  for  eleven 
years.  Nevertheless,  it  remained  the  political 
ward  of  the  Man  of  Destiny  during  this  period. 
By  a  treaty  which  the  new  confederation  im- 
mediately concluded  with  France,  the  Swiss 
bound  themselves  to  supply  the  French  army 
with  16,000  men,  a  number  which  was  reduced 
in  1812  to  12,000.  With  the  decline  of  Napoleon's 
power,  however,  the  Act  of  Mediation  was 
doomed.  As  the  allies  closed  in  upon  the  Em- 

[39] 


GOVERNMElsJT  OF  SWITZERLAND 

peror,  Valais,  Neuchatel,  and  Geneva  were  set 
free  from  French  control  and  admitted  to  the 
confederation  (1814). 

IV.    Thf  Pact  of  1815  (1815-1848) 

Reaction  With  Napoleon  finally  out  of  the  way,  every 
ancient  privilege  in  Switzerland  sought  clamor- 
ously for  restitution.  Even  the  Congress  of 
Vienna  was  unwilling  to  grant  all  the  demands 
of  these  reactionaries.  Particularly  important 
was  its  refusal  to  return  the  newly  made  states 
to  their  former  condition  as  subject  territories. 
With  some  few  concessions  to  liberal  opinion, 
the  Swiss  finally  succeeded  in  working  out  for 
themselves  a  constitution  known  as  the  Pact  of 
1815.  In  the  main,  however,  the  new  constitu- 
tion provided  as  far  as  possible  for  the  restoration 
of  the  conditions  prevailing  under  the  Old 
Con  federation. 

A  diet  was  again  set  up  in  which  each  of  the 
twenty-two  cantons  cast  one  vote.  This  placed 
Uri,  with  a  population  of  12,000,  on  exactly  the 
same  plane  in  federal  affairs  as  Zurich  with 
200,000  or  Bern  with  300,000.  The  sessions 
both  of  the  diet  and  of  the  cantonal  legislatures 
were  to  be  held  behind  closed  doors.  The  office 
of  Landamman,  or  president  of  Switzerland,  was 
abolished.  Bern,  Zurich,  and  Luzern  became 
VoTOTte,  or  capitals,  the  principal  executive 
officials  of  each  taking  turns  in  the  direction  of 
[40] 


DEVELOPMENT  OF  THE  FEDERATION 

federal  affairs  for  two  years  at  a  time.  One 
important  new  power  was  conferred  upon  the 
diet;  namely,  that  of  sending  national  troops 
into  any  district  threatened  with  disorder.  But 
the  most  significant  feature  of  the  Pact  of  1815 
was  its  silence  upon  such  important  topics  as 
religious  liberty,  political  equality,  the  right  of 
assembly,  and  freedom  of  the  press,  all  of  which 
were  left  to  the  cantons  to  deal  with  or  neglect 
as  they  chose.  In  the  cities  which  they  had 
ruled  formerly  the  old  oligarchies  returned  to 
power. 

For  fifteen  years  Switzerland  remained  peace- 
ful under  the  Pact  of  1815,  but  politically  it  was 
a  peace  of  stagnation,  not  of  progress.  Unlike 
the  Bourbons,  however,  the  patricians  of  the 
cities  had  learned  something  during  their  exclu- 
sion from  office,  and  now  exercised  their  powers 
with  moderation,  at  least  so  long  as  insurrection 
was  not  threatened.  Some  progress  was  made 
toward  uniformity  by  the  more  advanced  can- 
tons, which  entered  into  "Concordats,"  or  volun- 
tary agreements  on  such  subjects  as  coinage, 
freedom  of  residence,  and  mixed  marriages. 

Liberalism  in  Switzerland  was  not  dead,  how- 
ever, and  the  news  of  the  July  Revolution  in 
nee  (1830)  galvanized  it  into  vigorous  activity. 
Attack  was  first  made  upon  the  antiquated  slate 
constitutions,  nine  of  which  —  those  of  Ticino, 
Thurgau,  Zurich,  Aargau,  Solothurn,  Luzcrn, 
Gallen,  Freiburg,  and  SchafFhausen  —  were 


GOVERNMENT  OF  SWITZERLAND 

fundamentally  revised  the  same  year,  all  without 
a  drop  of  bloodshed.  Among  tin  u  forms  intro- 
duced were  political  equality,  abolition  of  property 
qualifications  for  the  suffrage,  direct  election  of 
legislators,  publicity  of  legislative  sessions,  liberty 
of  the  press,  right  of  petition,  and  legal  security 
of  personal  and  property  rights.  In  1831  the 
patricians  of  Bern,  after  a  futile  show  of  resistance, 
gave  way  to  the  new  order.  The  situation  in 
Basel,  however,  was  complicated  by  a  bitter  feud 
between  urban  and  rural  elements  which  resulted 
in  violence.  It  could  be  settled  only  by  federal 
intervention  and  the  division  of  the  canton  into 
two  parts  (1832),  each  of  which  was  given  one 
half  vote  in  the  diet. 

Religious  To  the  tidal  wave  of  democracy  which  began 
donl^d  sweePmg  over  tne  country  in  1830  the  diet 
•epar«te  opposed  no  objection.  On  the  other  hand,  it 
leagues  refused  to  guarantee  the  reformed  state  con- 
stitutions. The  radical  cantons  —  Bern,  Zurich, 
Luzern,  Aargau,  Thurgau,  St.  Gallen,  and  Solo- 
thurn  —  thereupon  formed  a  combination  known 
as  the  League  of  Seven,  for  mutual  protection. 
Although  there  were  many  bad  precedents  for 
such  leagues  within  a  league  in  the  history  of 
the  Old  Confederation,  this  action  was  clearly 
unconstitutional  and  certainly  unwise.  Feeling 
threatened  in  their  turn,  the  conservative  cantons 
naturally  formed  a  league  of  their  own,  the 
League  of  Sarnen,  which  included  the  three 
forest  cantons,  and  Urban  Basel,  Valais,  and 

[42] 


DEVELOPMENT  OF  THE  FEDERATION 

Neuchatel,    all   of  which   withdrew    -  pre- 

•entatives  from  the  gener.il  d 

Mean '.% In!,  the  need  of  a  revision  of  the  Pact 
of  1815  had  made  itself  felt.  There  was  a  wide- 
spread demand  for  liberal  reforms  to  brin 
into  harmony  with  the  changed  conditions 
most  of  the  states,  and  also  for  an  increase  of 
the  powers  of  the  federal  government.  A  draft 
for  a  new  constitution  embodying  these  changes 
was  presented  in  1833,  but  a  combination  of 
those  who  thought  it  too  radical  with  those 
who  thought  ir  too  conservative  brought  about 
Immediately  thereafter  the  diet 
decreed  the  dissolution  of  the  League  of  San 
and  placed  a  sufficient  number  of  troops  in  the 
field  to  make  resistance  impossible.  But  the 
diet  failed  to  take  the  further  step,  demanded 
by  every  consideration  of  justice  and  fair  play, 
of  dissolving  the  League  of  Seven  at  the  same 
time. 

Early  in  the  forties  the  Swiss  liberal  movement 
developed  new  strength  and  radicalism.  It  soon 
collided  with  the  Catholic  element  over  such 
questions  as  the  abolition  of  monasteries,  the 
taxation  of  church  property,  and  the  exclusion 
of  the  Jesuits.  Disorder  and  bloodshed  occurred 
in  Geneva  and  Aargau;  in  Valais  and  Zurich 
assumed  serious  proportions.  In  1845  a 
"bfwaffntUr  Sondtrbund"  or  armed  separate 
league,  was  formed  by  the  seven  Catholic  cantons, 
—  Luzern,  Uri,  Schwyz,  Unterwalden,  Zug,  1 

[43] 


GOVERNMENT  OF  SWITZERLAND 

burg,  and  Valais.  Primarily  their  purpose 
to  push  ultramontane  policies  as  far  as  possible, 
and,  if  need  be,  to  secure  the  intervention  of  the 
reactionary  great  powers  of  Europe  in  support 
of  this  end.  They  were  also  opposed  to  any 
further  centralization  of  power  in  the  hands  of 
sonder-  the  confederation.  On  November  4,  1847,  the 
w«jdi84t  ^et  ^na^y  decreed  the  dissolution  of  the  Sonder- 
bund  by  military  force.  The  Catholic  party  put 
79,000  soldiers  in  the  field  as  against  100,000 
raised  by  the  confederation.  Largely  owing  to 
the  attitude  of  Lord  Palmerston,  the  British 
foreign  secretary  at  this  time,  Austria,  France, 
and  Prussia  were  prevented  from  interfering  on 
behalf  of  the  Sonderbund  until  it  was  too  late. 
In  a  brilliant  but  most  humanely  conducted 
campaign  of  only  nineteen  days'  duration 
(November  10-29,  1847),  General  Dufour, 
commander  in  chief  of  the  federal  forces,  com- 
pletely crushed  the  rebellion. 

V.   Period  of  the  Federal  Constitution 
(1848  to  the  present  time) 

Early  in  1848  the  diet  appointed  a  commission 
of  fourteen  men  to  draft  a  new  constitution. 
Caught  in  the  revolutionary  movements  of  that 
year,  the  reactionary  great  powers  of  Europe 
were  in  no  position  to  interfere  with  the  progress 
of  this  work.  Leaders  of  political  thought  in 
Switzerland  had  long  been  close  students  of  the 

[44] 


DEVELOPMENT  OF  THE  FEDERATION 

American  constitution,  and  it  is  not  surprising, 
therefore,  that  they  now  accepted  in  the  m 
its  solution  of  the  problem  of  reconciling  state 
sovereignty  and  federal  power.1  The  influence 
of  the  Napoleonic  Act  of  Mediation  was  also 
apparent  in  the  new  draft.  Upon  submission 

.is  adopted  by  a  vote  of  15)  cantons  with  a 
population  of  1,897,887  to  6}  cantons  with  a 
population  of  292,371,  and  proclaimed  September 

^48. 

Rapid  progress  toward  unification  was  made 
by  the  new  federal  government.  With  a  strong, 
continuous,  central  power  in  control,  there  was 
an  immediate  and  marked  decline  of  party  and 
religious  rancor.  A  federal  post-office  system 
was  created  without  delay,  followed  later  by  the 
nationalization  of  the  telegraphs.  In  1850  a 
national  coinage  supplanted  the  diverse  can- 
tonal currencies.  Uniform  weights  and  meas- 
ures also  were  established.  A  large  share  of 
the  attention  of  the  new  government  was  given 
to  improvements  in  roads  and  canals,  and  to 
reform  of  the  schools  and  the  military  system  of 
the  country.  In  foreign  affairs  also  a  new 

r  made  itself  manifest.  Thus  in  regard  to 
the  Neuchatel  question  the  federal  government 
took  an  extremely  bold  attitude  toward  Prussia 
(1857),  and  was  so  manifestly  supported  in  that 

tide  by  the  determination  of  the  whole  Swiss 
people   to    fight    to   the   last   ditch   if  need    be, 
1  Rappard,  op.  cit.t  p.  37. 

[45] 


GOVERNMENT  OF  SWITZERLAND 


that    Frederick  William    IV  finally 
all  claims  upon  the  canton. 

Between  1848  and  1870  many  of  the  cantons 
provided  by  constitutional  amendment  for  the 
extension  of  social  legislation  and  the  intro- 
duction  of  a  large  measure  of  democratic  control, 
—  the  latter  chiefly  by  means  of  the  referendum 
and  initiative.  As  a  result  a  demand  arose  for 
revision  of  the  federal  constitution  to  bring  it 
into  harmony  with  the  new  order  of  things  in 
the  sphere  of  state  government.  The  vigor 
and  success  with  which  the  federal  governnu  nr 
had  met  its  first  obligations  also  led  to  a  strong 
movement  in  favor  of  a  further  centralization 
of  power.  In  1872,  a  revision  designed  to  t 
out  these  two  ideas  was  defeated  by  a  small 
majority.  Two  years  later,  however,  a  new 
draft  along  the  same  general  lines  was  carried 
by  a  vote  of  14$  to  7$  cantons,  and  by  a  popular 
vote  of  340,199  to  198,013.  The  constitution 
of  1848,  as  thus  revised  in  1874,  remains  the 
basic  law  of  Switzerland  to  the  present  day. 


[46] 


DEVELOPMENT  OF  THE  FEDERATION 


SELECTED  BIBLIOGRAPHY 
ADAMS,  F.  O.,  and  CUNNINGHAM,  C.  D.    "The  SWIM  Coo- 

r.cal  Skc., 
BAKER.  E.  (I.    "The  Model  Rcpublu     A  H.ttory  of  the  Roe 

and  Progress  of  the  SWIM  People." 
DAwDLiKtE.  K.    -  Short  Hittory  of  Swir 
LLOYD,  H.  D.    MA  Sovereign  People,"  Ch.  II  (Growth  of 

SWIM  Democracy). 

McC«ACKAM,  W.  D.     "The  Rite  of  the  SWIM  Repul 
Moiit,  B.     MThc    Federal    Government    of   Switzerland," 

Ch.  II  (Antecedents  of  the  SWIM  Federation). 
OICHSLI.  W.     "The  Achievement  of  SWIM  Federal  Un 

Ch.  VIII  (The  Cambridge  Modern  Hittory.  Vol.  XI 
SOWIRBY.  J.     "The  Forest  Canton*." 
STIAO,  R.,  and  Hue,  A.     "The  Story  of  Switzerland." 
VINCINT,  J.  M.     "Government     in     Switzerland,"     Ch      I 

(Origins  of  the  Commonwealth). 


[47] 


CHAPTER  III 

THE  SWISS  FEDERAL 
CONSTITUTION 

Extreme  ^"1  "^HE  present  Swiss  federal  constitution  as 
of^slltM  -*•  adopted  in  1848,  revised  in  1874,  and 
comma-  added  to  by  subsequent  amendments,  is  nearly 
half  as  long  again  as  the  constitution  of  the 
United  States.  To  a  slight  degree  only  is  its 
greater  length  due  to  the  inclusion  of  matters 
not  of  true  constitutional  significance,  although 
there  are  one  or  two  glaring  instances  of  this  sort. 
The  real  reason  for  the  extent  of  the  Swiss  con- 
stitution is  the  extreme  detail  to  which  it  goes, 
first,  in  defining  the  powers  of  the  federal  govern- 
ment; and,  second,  in  delimiting  the  competence, 
legislative  and  administrative,  of  the  federation 
on  the  one  hand  and  the  cantons  on  the  other. 

A  typical  illustration  of  the  first  of  these 
differences  is  afforded  by  the  careful  treatment, 
occupying  two  articles  of  ten  clauses  all  together 
in  the  Swiss  constitution,  of  the  subjects  of 
coinage,  paper  money,  and  banking.  Only  one 
of  these  topics  is  expressly  mentioned  —  and 
that  with  the  most  extreme  brevity  —  in  the 
constitution  of  the  United  States.  Such  con- 
troversies, constitutional,  political,  and  economic, 
as  have  raged  about  these  subjects  in  our  country 

[48] 


I  UK  FEDERAL  CONSTITUTION 

would  be  impossible  in  Switzerland.    Americans 
are  accustomed  to  make  a  great    deal    of 
distinction    between    "express"   and    "impli. 
powers.    Of  the  Swiss  const  it  un..n    it    may   be 
said  that  much  of  the  power  it  confers  is  express, 
1  correspondingly  less  implied  than  is  the  caw 
\\ith  t!u    omstitufion  of  the  United  States. 

As  to  the  second  point,  American  students 
are  usually  somewhat  astonished  to  find  in  the 
Swiss  constitution  sections  dealing  with  siuh 
subjects  as  fishing  and  hunting,  qualifications 
for  the  practice  of  the  liberal  professions,  illness 
and  burial  of  paupers,  epidemics  and  c. 
diseases,  suppression  of  gambling  houses  and 
regulation  of  lotteries.  It  will  be  noted,  however, 
that  the  real  significance  of  these  sections  lies 
not  so  much  in  the  subject  dealt  with  as  in  the 
thoroughgoing,  if  not  always  successful,  effort  to 
define  sharply  the  spheres  of  state  and  federal 
government.  Everywhere  is  found  evidence  of 
detailed  and  patient  compromise  between  the 
advocates  of  cantonal  rights  and  those  of  federal 
power.  Hence  comes  much  of  the  prolixity  of 
the  Swiss  constitution.  Prolixity  is  tiresome, 
of  course;  but  when  it  anticipates  and  prevt 
causes  of  internal  friction  and  possibly  of  civil 

t    takes  high   rank   among   the   polit: 
ies. 

In  one  respect,  however,  the  constitution  of 
the  United  States  is  much  more  detailed  than  that 
of  Switzerland.  The  authors  of  the  latter  were 

[49] 


GOVERNMENT  OF  SWITZERLAND 

not  believers  in  the  doctrines  of  Montesquieu, 
and  accordingly  they  did  not  provide  for  the 
separation  of  powers  with  an  elaborate  system 
of  checks  and  balances  in  the  government  which 
they  created.  This  distinction  comes  out  plainly 
in  the  principal  subdivisions  of  the  two  docu- 
ments. In  the  American  constitution  the  pre- 
amble is  immediately  followed  by  the  three 
great  articles  devoted  to  the  legislative,  executive, 
and  judicial  powers  respectively.  The  basis 
of  the  principal  subdivisions  of  the  Swiss  con- 
stitution is  quite  different.  A  brief  preamble 
is  followed  by  a  very  lengthy  chapter  devoted 
to  "General  Provisions,"  dealing  mostly  with 
powers  and  rights  and  their  distribution.  The 
second  chapter  describes  the  federal  authorities, 
each  of  which  is  taken  up  in  a  separate  subdivi- 
sion. A  third  chapter  presents  the  various 
methods  of  amending  the  constitution,1  and  the 
document  closes  with  a  small  number  of  tem- 
porary provisions. 

The  The  purposes  set  forth  in  the  preamble  of  the 

preamble    gwiss  constitution  and  in  Article  2  of  Chapter  I, 

which  properly  belongs  to  it,  are  almost  identical 

with  those  of  the  American  document.     In  the 

1  The  Swiss  practice  of  distributing  amendments  as 
made  throughout  the  body  of  the  original  document,  dis- 
tinguishing them  only  by  duplicate  numbers  from  the  articles 
to  which  they  are  logically  subordinate,  doubtless  has  its 
advantages.  But  it  does  not  emphasize  so  clearly  as  our 
American  practice  the  historic  sequence  of  formal  constitu- 
tional changes. 

[50] 


THE   FEDERAL  CONSTITUTION 

Swiss    instrument    an    invocation    addressed    to 
Almighty  God  precedes  the  preamble.    There  is 

no  reference  .  in  our  federal  constitution, 

unless  one  considers  the  phrase  "in  the  year  of 
cm  I  ...ill. "  used  in  fixing  the  date,  as  such. 
\\  ith  a  couple  of  exceptions,  however,  all  our  state 
constitutions  do  contain  an  acknowledgment  of 
ih vine  power  or  supplication  for  divine  guidance. 
Although  certain  words  and  phrases  occurring 
in  the  preamble  and  body  of  the  Swiss  consti- 
tution m^ht  be  taken  to  mean  that  it  established 
an  alliance,  league,  or  confederation,  there  is  no 
doubt  that  it  actually  establishes  a  federation. 
The  former  arc  organized  by  treaties,  the  latter 
by  constitutions.  "It  was  the  opinion  of  the 
men  of  1848,  however,  that  they  were  creating 
a  constitution,  and  today  such  is  also  the  general 
legal  conviction."  *  The  central  government 
which  they  set  up  is  a  complete  entity,  possess- 
ing legislative,  executive,  and  judicial  organs. 
Furthermore,  this  central  government  exercises 
certain  of  its  powers  directly  over  the  people 
and  territory  of  the  country.  Without  entering 
upon  the  thorny  theoretical  questions  as  to  the 
divisibility  of  sovereignty  and  its  location  in  a 
federal  system,  it  is  clear  also  that  the  federal  and 
the  state  governments  of  Switzerland  each  pos- 
sess and  exercise  as  the  highest  authorities  the 
powers  belonging  to  their  respective  spheres. 
Of  course  further  constitutional  amendment  may 

1  Burckhardi,  "Kommcntar,"  id  cd.,  p.  15  ft  jxurim. 

[50 


GOVERNMENT  OF  SWITZERLAND 

set  new  limits  to  the  powers  of  the  federation  and 
of  the  states.  There  have  been  a  number  of 
such  cases,  notably  in  1874,  and  several  times 
since.  In  the  a^m<  gate  they  have  effected  a  very 
large  increase,  both  absolute  and  relative,  of 
the  federal  power.  As  the  constitution  actually 
exists,  however,  it  protects  both  the  federation 
and  the  states  in  the  exercise  of  their  respective 
powers.  Switzerland  is  therefore  a  federal  gov- 
ernment, and  thus  is  fundamentally  similar  to 
the  German  Empire  and  the  United  States. 
It  is  not  a  unitary  state  such  as  France  and 
England,  beneath  the  central  governments  of 
which  there  exist  only  subordinate,  dependent 
local  governments. 

The  twenty-two  cantons  making  up  the  Swiss 
federation  are  enumerated  in  the  constitution. 
Admission  of  new  states,  if  there  were  territory 
out  of  which  to  carve  them,  would  therefore 
require  constitutional  amendment.  A  more  exact 
statement  of  the  number  of  cantons  than  that 
quoted  above  from  the  constitution  would  be 
nineteen  whole  and  six  half  cantons.  The 
Half  latter  were  formerly  parts  of  whole  cantons  which 
divided  for  various  reasons:  Upper  and  Lower 
Unterwalden  in  1150,  because  of  the  difficulties 
of  communication  between  the  two  valleys  which 
formed  the  principal  habitable  sections  of  its 
territory;  Appenzell  Interior  and  Exterior,  which 
separated  in  1597; l  and  Urban  and  Rural  Basel, 
1  See  Chapter  II. 


THE  FEDERAL  CONSTITUTION 

wlm-h  p.ntrd  company  in  1832.*  Each  of  the 
1 1.1  If  cantons  hat  a  government  of  iti  own  a* 
complete  as  that  of  any  of  the  whole  cantons. 
1 1  counts  for  only  half  as  much  as  a  whole  i 
ton,  however,  in  a  constitutional  referendum, 
and  sends  but  one  representative  to  the  upper 
house  of  the  federal  legislature,  whereas  each 

I  whole  cantons  sends  two.1 
"The  cantons  are  sovereign,  so  far  as  their 
sovereignty  is  not  limited  by  the  federal  con- 
stitution; and,  as  such,  they  exercise  all  the  rights 
which  are  not  delegated  to  the  federal  govern- 
ment"* (Art.  3).  Corresponding  to  the  guaran- 
tee clause  of  the  United  States  constitution,4 
but  more  explicit  in  its  terms,  the  Swiss  con- 
stitution provides  that  "the  federation  guarantees 
to  the  cantons  their  territory,  their  sovereignty, 
within  the  limits  fixed  by  Article  3,  their  con- 
stitutions, the  liberty  and  rights  of  the  people, 
the  constitutional  rights  of  citizens,  and  the 
rights  and  powers  which  the  people  have  con- 

1  See  Chapter  1 1 

1  In  only  one  particular,  that  of  originating  measures  in 
either  house  of  the  federal  legislature  by  correspondence 
(Art.  93,  cl.  2),  does  a  half  canton  count  the  same  as  a  whole 
canton.  This  power,  however,  is  seldom  used.  Of.  Raustein, 
"Die  schweiierischen  Halbkamone,"  p.  135;  also  Burck- 
hardt,  "Kommentar,"  id  ed.,  p.  719. 

ninth  and   tenth    amendments  to    the  const 
of  the  United  States.     In  Article  71,  the  Swiss  constitution 
reserves  "the  rights  of  the  people"  as  well  as  of  the  cantons, 

4  Constitution  of  the  United  States,  Art.  IV,  Siv   4 

[53] 


GOVERNMENT  OF  SWITZERLAND 

ferred  on  those  in  authority"  (Art.  5).  On  the 
other  hand,  "the  cantons  are  bound  to  ask  of 
the  federation  the  guarantee  of  their  consti- 
tutions, which  is  to  be  accorded  provided  (a) 
that  they  contain  nothing  contrary  to  the  pro- 
visions of  the  federal  constitution;  (b)  that  they 
assure  the  exercise  of  political  rights,  according 
to  republican  forms,  representative  or  demo- 
cratic; and  (c)  that  they  have  been  ratified 
by  the  people,  and  may  be  amended  whenever 
the  majority  of  all  the  citizens  demand  it." 
It  is  apparent  that  a  provision  similar  to  the 
second  of  these  clauses  would  have  prevented 
the  argument  raised  in  the  United  States,  but 
without  success,  against  the  initiative  and  refer- 
endum, on  the  ground  that  they  destroyed  "re- 
publican" government,  as  guaranteed  by  Article 
IV,  Section  4,  of  our  constitution.  Also,  if 
the  third  of  these  clauses  were  in  effect  in  the 
United  States,  it  would  remove  the  great  diffi- 
culties, amounting  in  some  cases  to  practical 
impossibility,  involved  in  the  amendment  of  our 
state  constitutions,  and  would  thus  open  the 
door  to  much  progressive  legislation.  In  both 
instances  the  greater  democracy  of  the  Swiss 
constitution  is  apparent. 

Switzerland,  it  will  be  remembered,  had  its 
civil  war  before  the  adoption  of  the  constitution 
of  1848.  To  prevent  any  future  development 
of  states'  rights  and  secessionist  movements, 
Article  7  of  that  instrument  provides  that  "all 

[54] 


THE  FEDERAL  CONSTITUTION 

separate  alliances  and  all  treaties  of  a  political 
character  between  the  cantons  are  forbidden." 
Further,  "in  case  of  differences  arising  bciifem 
cantons,  the  states  shall  abstain  from  violence 
and  from  arming  themselves;  they  shall  subnur 
to  the  decision  to  be  taken  upon  such  differences 
by  the  federation"  (Art.  14). 

In  case  of  internal  disturbances,  or  if  danger 
is  threatened  by  another  canton,  the  authorities 
of  the  canton  threatened  shall  give  immediate 
notice  to  the  federal  executive.  The  latter 
body  is  authorized  to  take  necessary  measures 
\\ithin  the  limits  of  its  power,  —  namely,  to 
enforce  the  guaranty  of  cantonal  constitutions, 
—  and,  in  cases  of  urgency,  to  raise  and  employ 
troops  not  exceeding  2000  in  number.  The 
federal  executive  must  summon  the  Federal 
Assembly  immediately  to  assist  it  in  meeting 
the  emergency  if  more  than  2000  men  are  re- 
quired, or  if  they  remain  in  arms  more  than 
two  weeks. 

Since  1848  there  have  been  eleven  cases  of 
internal  disturbances  in  various  Swiss  cantons 
which  have  required  the  attention  of  federal 
authorities,  although  it  is  not  clear  that  the  ac- 
of  the  latter  in  all  these  instances  amounted 
to  intervention  in  the  strict  constitutional  sense 
of  the  term.  With  the  exception  of  the  five 
cases  occurring  in  the  one  canton  of  Ticino, 
most  of  them  were  due  to  local  labor  or  political 
troubles  which  were  settled  by  federal  action 

[55] 


GOVERNMENT  OF  SWITZERLAND 

without  great  difficulty.  Considerably  more 
serious  were  the  disturbances  in  Ticino,  the 
population  of  which  is  largely  Italian  in  blood 
and  language.  They  were  due  to  extreme  par- 
tisan and  sectional  feeling,  which  broke  out  in 
violence  requiring  federal  action  in  1855,  1870, 
1876,  1889,  and  1890,  —  in  the  last  two  cases 
approaching  the  proportions  of  insurrection. 

In  all  eleven  of  the  cases  of  disturbances  in 
the  cantons,  the  practice  was  to  send  one  and 
sometimes  two  personal  representatives  of  the 
federal  executive  into  the  disaffected  territory. 
These  representatives  made  every  effort  to 
mediate  between  the  contending  local  factions 
and  to  arrange  a  settlement  without  the  use  of 
force.  If  these  efforts  resulted  in  failure,  the 
representative  of  the  central  government  was 
made  a  "Kommissar,"  or  plenipotentiary  of 
the  federal  executive  with  power  to  call  in  the 
necessary  troops  and  take  over  part  or  all  of  the 
governing  functions  of  the  canton  until  order 
was  restored  and  it  became  possible  once  more 
to  intrust  the  government  to  the  local  authorities. 

Certain  consequences  of  distinct  constitutional 
importance  may  be  deduced  from  the  practice 
pursued  in  the  several  cases  of  federal  inter- 
vention. The  central  authorities  do  not  have  to 
wait  until  internal  order  is  actually  disturbed; 
they  may  take  action  as  soon  as  such  disturb- 
ance is  threatened.  Nor  do  they  have  to  wait 
until  the  cantonal  officials  appeal  for  help,  as 

[56] 


THE  FEDERAL  CONSTITUTION 

was  shown  by  the  Ticino  case  of  1889  and  also 
by  the  Geneva  case  of  1864,  in  which  the  fed- 
eral executive  took  action  on  the  strength  of 
private  telegrams  predicting  disorder.  Inter- 
vention is  not  barred  by  the  fact  that  a  car 
is  amending  its  constitution  at  the  time.  The 
federal  plenipotentiary  may  take  over  as  much 
of  the  power  of  the  cantonal  authorities  as  he 
finds  necessary  in  order  to  restore  peace.  He 
has  interfered  with  the  secrecy  of  the  telegraph; 
he  has  even  interfered  with  the  processes  of 
local  justur.  In  both  cases  he  has  secured 
approval.  He  may  suspend  the  cantonal  legis- 
lature and  take  over  its  power  temporarily.  He 
may  even  proclaim  a  state  of  siege.  In  a  word, 
for  the  time  being  cantonal  authority  is  made 
tin-  ward  of  its  federal  guardians. 

Switzerland  seems  to  be  much  more  drastic 
and  more  thorough  in  its  conception  of  the 
power  of  federal  intervention  than  is  the  United 
States.1  Sweeping  as  the  power  undoubtedly 
the  chii-f  impression  gained  from  accounts  of 
its  actual  exercise  *  is  that  of  restraint  in  invoking 
id  in  the  employment  of  force.  Eleven  cases 
of  intervention  since  1848  may  seem  a  large 
number.  It  mu.st  be  remembered,  however, 
that  prior  to  the  establishment  of  the  present 
republic  the  pages  of  Swiss  history  were  mar 

1  For  an  excellent  account  of  American  experience,  consult 
A  oodburn,  "The  American  Republic,"  pp.  172  ft  seq. 

1  Burckhardt,  "  Kommcnur,"  id  cd.,  pp.  152  ft  stq. 

[57] 


GOVERNMENT  OF  SWITZERLAND 

by  constantly  recurring  outbreaks  of  serious 
disorders  and  insurrection.  Instead  of  evidences 
of  instability,  therefore,  the  relatively  few  and 
mild  disturbances  that  have  occurred  since  1848 
are  really  indices  of  the  strength  and  decision 
of  federal  power. 

With  its  seventy  articles,  Chapter  I  of  the 
Swiss  constitution,  which  is  devoted  to  "General 
Provisions,"  accounts  for  more  than  half  of  that 
document.  It  can  hardly  be  maintained  that 
the  numerous  topics  with  which  this  chapter 
deals  are  arranged  in  strictly  logical  order.  In 
the  latter  respect  the  American  constitution  is 
far  superior  to  the  Swiss.  Dissimilar  as  are  the 
"General  Provisions"  of  the  Swiss  constitution, 
however,  most  of  them  present  cases  of  the 
delimitation  of  power  between  state  and  federal 
authorities.  In  addition  to  this  large  category, 
a  number  of  articles  state  the  personal  rights  of 
Swiss  citizens,  and  still  a  third  group,  to  be  dealt 
with  later,  confer  rather  extensive  powers  of 
social  legislation. 

Distrt-  In    the    United    States    the    general    principle 

button  of    prevaiis  tnat  federal  law  shall   be  executed   by 

adminis-  _    . 

trative       federal    officials,    state    law    by    state    officials. 

functions  ^0  Sucj1  snarp  iine  of  demarcation  exists  in 
Switzerland.  To  be  sure,  there  are  certain 
branches  of  the  administration  which  are  wholly 
federal;  as,  for  example,  customs,  coinage,  the 
gunpowder  monopoly,  posts,  telegraphs,  and 
telephones.  Apart  from  such  well-defined  cases 

[58] 


THE  FEDERAL  CONSTITUTION 

as  the  foregoing,  however,  there  are  many  curious 
and  involved  combinations  of  federal  and  cantonal 
action.  The  cantons  even  retain  minor  powers 
in  connection  with  certain  kinds  of  treaties, 
and  they  still  exercise  a  small  measure  of  control 
over  the  army.  Certain  advisory  officials  of 
the  federal  railways  are  chosen  by  the  cantons, 
and  the  latter  are  large  stockholders  in  the  new 
federal  bank.  The  federation  legislates  on  hy- 
draulic power,  but  actual  administration  in  this 
field  is  largely  retained  by  the  cantons.  Stand- 
ards of  weights  and  measures  are  fixed  by  the 
federation,  but  the  cantons,  under  the  super- 
vision of  the  federation,  enforce  the  laws  relating 
thereto.  Primary  education  is  the  business  of 
the  cantons,  but  the  federation  may  grant  sul 
dies  to  the  latter  in  order  to  aid  them  to  fulfill 
their  duties  in  this  field.  The  federation  may 
construct  at  its  own  expense,  or  may  aid  by 
subsidies,  public  works  which  concern  Switzer- 
land or  a  considerable  part  of  the  country.  The 
cantons  collect  the  military  exemption  tax  and 
pay  one  half  of  the  gross  proceeds  to  the  feder- 
ation. On  the  other  hand,  the  alcohol  monopoly 
is  administered  by  federal  officials,  but  the  err 
profits  derived  from  it  are  divided  among  the 
cantons.  The  cantons  also  receive  certain  per- 
centages of  the  profits  or  revenues  of  the  federa- 
tion from  a  few  other  sources. 

While  the  federation  thus  shares  part  of  its 
work     with     the     cantons,     the     administrative 

[59] 


GOVERNMENT  OF  SWITZERLAND 

powers  which  remain  in  its  hands  are  nevertheless 
very  extensive.  Moreover,  they  have  been  grow- 
ing rapidly  since  1874,  principally  by  the  creation 
of  monopolies  in  certain  fields  of  economic 
enterprise,  and  more  recently  by  the  establish- 
ment of  institutions  for  social  insurance.  These 
gains  were  not  made  without  the  embittered 
opposition  of  the  " Kantonligeist"  -the  little 
cantonal  spirit  with  its  jealous  fear  of  any  in- 
crease of  the  powers  of  the  federal  government. 
One  of  the  vagaries  of  this  spirit  explains  in 
part  the  extremely  complicated  division  of  power 
between  federal  and  cantonal  governments  which 
is  noted  above.  Advocates  of  centralization 
soon  discovered  that  any  clear-cut  proposal 
to  confer  new  powers  on  the  federal  government 
was  almost  certain  to  be  voted  down.  If,  how- 
ever, the  proposal  was  formulated  in  such  a  way 
as  to  require  the  cooperation  of  the  cantons  in 
the  exercise  of  the  power,  or  if  it  allotted  to  the 
latter  a  share  of  the  profits,  the  chances  of  success 
were  greatly  increased.  Nearly  all  the  recent 
extensions  of  federal  power  illustrate  this  prin- 
ciple in  one  way  or  another.  Thus  centraliza- 
tion succeeds  in  Switzerland  by  adroitly  throwing 
a  sop  to  the  states'  rights  element. 

In  the  field  of  legislation  the  federal  govern- 
gof   ment     of    Switzerland     possesses     much     wider 
federation  powers   than    does   that   of  the    United    States. 
Thus  the  former  is  empowered  by  the  constitu- 
tion to  deal  with  matters  of  civil,  criminal,  and 

[60] 


THE  FEDERAL  CONSTITUTION 

commercial  law.  The  right  of  marriage,  of 
residence  and  settlement,  and  the  collection  of 
debts  are  express  I  v  intrusted  to  it.  In  the  field 
of  social  economics  also  it  is  given  extensive 
powers,  which  will  be  discussed  I  The  fed- 

eration can  impose  export  duties  as  well  as  duties 
nn  imports.  "Legislation  upon  the  construction 
and  operation  of  railroads  is  in  the  province  of 
the  federation"  (Art.  26).  r'mthri,  it  is  given 
general  supervision  over  those  roads  and  bridges 
in  the  maintenance  of  which  it  is  interested. 
A  point  of  major  importance  in  this  connection 
he  fact  that  the  Swiss  federation  may  deal 
legislatively  with  commerce  as  such;  that  is, 
I  not  confined  to  the  regulation  of  interstate 
commerce  alone,  —  an  iHn^u-al  limitation  which 
in  the  United  States  has  led  to  such  interminable 
economic  and  judicial  controversies.  The  Swiss 
federation  may  also  establish  or  subsidize  in- 
stitutions of  higher  education.  The  federal 
monopolies  of  gunpowder,  telegraphs  and  tele- 
phones, alcohol,  banknote  issue,  and  railroads 
imply,  of  course,  wide  legislative  powers. 

An  acute  student  of  government  both  in  Europe 
and  the  United  States  expresses  the  opinion  th.it 
as  compared  with  our  American  states  the  sover- 
eignty of  Swiss  cantons  "is  confined  to  lit 
which  are  much  more  narrow,  and  even  in  the 
Kti-d  circle  of  the  powers  attributed  to  them 
their  independence  is  less  real  and  not  so  well 
guaranteed.  In  addition  to  the  fact  that  it 

[6,] 


GOVERNMENT  OF  SWITZERLAND 

opens  to  the  direct  intervention  of  the  federal 
powers  numerous  domains  which  remain  closed 
to  the  action  of  the  central  power  in  the  American 
union,  the  Swiss  constitution  really  erects  the 
confederation  in  some  measure  into  a  tutor  and 
inspector  of  the  cantons." l  Where  the  asso- 
ciation of  federal  and  cantonal  governments  is 
so  close  as  in  Switzerland,  it  is  no  doubt  true, 
as  the  same  author  contends,  that  the  latter 
gradually  become  habituated  to  look  up  to  the 
former  as  a  superior  to  whom  they  owe  obedience. 
Further,  there  is  no  supreme  court  in  Switzer- 
land which  can  protect  the  cantons  by  declaring 
that  laws  infringing  their  powers  are  uncon- 
stitutional. 

While  all  these  observations  are  undeniably 
correct,  one  should  not  infer  from  them  that  the 
cantons  of  Switzerland  are  constitutional  nulli- 
ties. On  the  contrary,  each  of  them  is  the 
center  of  a  very  active  political  life  of  its  own. 
Moreover,  they  possess  certain  means  of  defense 
against  undue  federal  aggression  —  as,  for  ex- 
ample, the  initiative  and  referendum,  equal  rep- 
resentation in  the  upper  house  of  the  federal 
legislature,  and  party  organization.  Usually 
also  they  may  rely  for  protection  upon  the  sober- 
ness and  moderation  of  Swiss  political  character. 
citizenship  Citizenship,  the  second  topic  of  importance 
discussed  under  General  Provisions,  is  not  for- 

1  Dupriez,    "Les    Ministres    dans    les    principaux    Pays 
d 'Europe  et  d'Amerique,"  II,  p.  175. 

[62] 


THE  FEDERAL  CONSTITUTION 

mally  defined  in  tin  Swiss  constitution,  as  it  is 
in  our  Fourteenth  Amendment.  Virtually,  the 
matter  is  left  to  the  cantons  by  the  provision 
that  "every  citizen  of  a  canton  is  a  Swiss  citizen" 
(Art.  43).  For  the  rest,  the  authors  of  the  con- 
oi  Switzerland  contented  themselves 
with  a  number  of  provisions  designed  to  protect 
/ens  against  cantonal  aggressions  upon  their 
fundamental  rights.  Cantons  and  communes 
still  retain  much  of  the  medieval  jealousy  of 
outsiders  whose  settlement  amongst  them  might 
lead  to  demands  for  a  share  in  local  forest  or 
meadow  rights  or  for  relief  at  the  cost  of  local 
poor  funds.  Working  against  this  tendency,  the 
federal  constitution  seeks  to  secure  as  large  a 
measure  of  freedom  of  movement  and  settle- 
ment as  possible,  but  the  result  is  a  manifest 
compromise.  Power  to  legislate  on  naturali- 
zation is  given  to  the  federation,  with  the  in- 
teresting addition  that  it  may  determine  the 
conditions  under  which  "a  Swiss  may  give  up 
his  citizenship  in  order  to  obtain  naturalization 
in  a  foreign  country"  (Art.  44). 

The   Swiss   constitution   contains   no   sep 
bill  of  rights.     However,  twenty  or  more  articles 
scattered    among    the    general    provisions    deal 
with    topics    usually    included    under    tl 
Here,  as  elsewhere,  the  Swiss  constitution  is  un- 
usually explicit.     Personal  rights  are  not  merely 
asserted,  they  are  defined  at  some  length.    One 
notes  with    approval   that   corresponding   duties 

[63] 


GOVERNMENT  OF  SWITZERLAND 

are  also  insisted  upon  in  immediate  connection 
with  the  statement  of  the  rights  conferred  and 
guaranteed  by  the  constitution. 

"All  Swiss  are  equal  before  the  law.  In 
Switzerland  there  are  neither  political  dependants 
nor  privileges  of  place,  birth,  persons,  or  families" 
(Art.  4).  "Freedom  of  conscience  and  belief 
is  inviolable"  (Art.  49).  This  is  followed  by  an 
explicit  prohibition  of  various  forms  of  religious 
constraint,  followed,  however,  by  an  admission 
of  the  right  of  parents  or  guardians  to  regulate 
the  religious  education  of  children  up  to  the  age 
of  sixteen  completed  years.  No  abridgment  of 
civil  or  political  rights  on  religious  or  ecclesiastical 
grounds  is  permitted.  On  the  other  hand,  it 
is  provided  that  "no  person  shall,  on  account  of 
a  religious  belief,  be  released  from  the  fulfillment 
of  a  civil  duty,"  —  a  provision  which  has  been 
applied  literally  against  those  who  sought  to 
escape  military  service  on  such  grounds. l  "The 
free  exercise  of  religious  worship  is  guaranteed 
within  the  limits  compatible  with  public  order 
and  good  morals"  (Art.  50).  Under  the  latter 
clause  a  number  of  cantonal  regulations  directed 
against  certain  noise-making  methods  of  the 
Salvation  Army  were  upheld.2  Further  sections 
suggested  by  sad  experiences  with  religious 
schismatics  in  the  past  empower  both  the  feder- 
ation and  the  cantons  to  preserve  the  peace  as 

1  Burckhardt,  "  Kommentar,"  2d  cd.,  p.  457. 
1  Ibid.,  p.  476. 

[64] 


I  111:  FEDERAL  CONSTITUTION 

between  belligerent  sects,  and  to  prevent  en- 
croachment by  ecclesiastical  authorities  upon 
the  rights  of  citizens  and  of  the  state,  *4  Con- 
tests in  public  and  private  law  which  arise  out 
of  the  formation  or  division  of  religious  bodies, 
may  be  brought  by  appeal  before  the  competent 
federal  authorities/'  i.e.,  before  the  federal  court 
(Art.  50).  Bishoprics  may  not  be  established 
upon  Swiss  territory  without  the  consent  of  the 
federation. 

Controversies  over  the  Jesuits,  it  will  be  re- 
rallnl.  were  largely  responsible  for  the  Sonder- 
bund  war.  Upon  its  conclusion  the  triumphant 
secular  party  wrote  into  the  constitution  of  1848 
a  provision  that  "the  order  of  the  I  and 

the  societies  affiliated  with  them,  shall  not  be 
received  into  any  part  of  Switzerland"  (Art.  51). 
In  1^74,  the  anti-Jesuit  provision  was  made 
expressly  applicable  to  individuals  as  well  as  to 
the  order,  by  the  addition  of  a  clause  forbidding 
all  activity  in  church  and  school  to  its  members. 
A  further  clause  adopted  at  the  same  time  pro- 
vides that  "this  prohibition  may  be  extended, 
by  means  of  a  federal  decree,  to  other  religious 
orders  whose  activities  are  dangerous  to  the  state 
or  disturb  the  peace  between  religious  denomi- 
nations" (Art.  51).  The  constitutional  legislation 
of  1874  on  this  subject  closes  with  Article  52, 
as  follows:  "The  foundation  of  new  convents 
or  i  orders,  or  the  reestablishment  of 

those  which  have  been  suppressed,  is  forbidden." 

[65] 


GOVERNMENT  OF  SWITZERLAND 

In  spite  of  these  drastic  texts  the  Jesuits  are 
said  to  have  returned  to  Switzerland  within  ten 
years  after  their  expulsion.  Subsequently  they 
have  acquired  great  influence  in  certain  cantons.1 

In  1874,  also,  the  right  of  marriage  was  placed 
under  the  protection  of  the  federation  (Art.  54). 
Controversies  over  mixed  marriages,  i.e.,  mar- 
riages between  persons  of  different  religious 
confessions,  were  of  long  standing  in  some  can- 
tons. Limitation  of  the  right  of  marriage  upon 
this  ground,  or  because  of  the  poverty  of  the 
contracting  parties,  or  their  previous  misconduct, 
or  on  the  basis  of  any  other  police  regulation, 
is  expressly  forbidden.  Illegitimate  children  are 
legitimatized  by  the  subsequent  marriage  of  their 
parents.  By  another  article,  records  of  births, 
deaths,  and  marriages  are  made  subject  to  civil 
authority  (Art.  53). 

Prior  to  1874,  tne  dead  of  some  Swiss  com- 
munes were  refused  burial  because  of  non-mem- 
bership in  the  religious  confession  controlling 
the  cemetery.  In  the  revision  of  that  year 
burial  places  were  placed  under  civil  (i.e.,  can- 
tonal) authorities,  and  the  latter  were  made 
responsible  for  the  decent  interment  of  every 
deceased  person.  It  has  been  held  that  "decent 
interment"  includes  even  the  tolling  of  the  church 
bell  in  communes  where  this  is  customary  at 
funerals.2 

1  Dauzat,  "La  Suisse  Moderne,"  p.  206. 
1  Burckhardt,  op.  cit.,  p.  505. 

[66] 


THE  FEDERAL  CONSTITUTION 

"The  right  of  petition  if  guaranteed"  by 
the  Swiss  constitution  (Art.  57).  Citizens  also 
have  "the  right  to  form  associations,  provided 
that  there  be  in  the  purpose  of  such  associations, 
or  in  the  means  which  they  employ,  nothing 
illegal  or  dangerous  t.»  tin  state."  Abuses  of 
this  right  are  dealt  with  by  cantonal  legislation 
(Art.  56).  Freedom  of  the  press  is  also  guaran- 
teed, but  both  the  cantons  and  the  federation 
may  protect  themselves  by  legislation  against 
abuses  of  this  right.  However,  cantonal  laws 
on  the  subject  must  be  submitted  to  the  federal 
executive  for  approval. 

A  number  of  constitutional  articles  protect 
Swiss  citizens  against  judicial  abuses.  No  person 
shall  be  deprived  of  his  constitutional  judge; 
ecclesiastical  jurisclh  abolished;  suits  for 

personal  claims  against  a  solvent  debtor  must  be 
brought  before  the  judge  of  his  domicile;  im- 
prisonment for  debt  is  abolished;  the  cantons 
are  bound  to  treat  all  Swiss  citizens  of  other 
states  equally  with  their  own  both  in  legislation 
and  in  all  judicial  proceedings;  and  finally, 
valid  judgments  in  civil  cases  rendered  in  any 
canton  may  be  executed  anywhere  in  Switzer- 
land !  (Arts.  58-61). 

One  of  the  amendments  of  1874  provided 
that  the  federation  shall  determine  by  law  the 
conditions  upon  which  a  Swiss  citizen  may  be 

1  On  the  last  of  the*  clauses  cf.  Art.  IV,  Sec.  i,  of  the 
Constitution  of  the  United  States. 

[67] 


GOVERNMENT  OF  SWITZERLAND 

deprived  of  his  political  rights  (Art.  66).  Under 
this  amendment  it  was  intended  to  do  away 
with  the  deprivation  of  political  rights  which 
was  sometimes  inflicted  as  a  part  of  the  punish- 
ment for  bankruptcy  even  in  cases  where  the 
bankrupt  had  been  guilty  of  no  criminal  act. 
Two  laws  which  sought  to  realize  the  purpose  of 
this  article  were  defeated  at  referendum  vptes, 
however,1  and  a  third  bill  on  the  subject  pre- 
pared by  the  federal  executive  was  not  even 
debated  by  the  legislative  bodies.  It  would 
seem  that  debtors,  even  innocent  debtors,  are 
not  popular  in  Switzerland. 

Frame-  The  second  chapter  of  the  Swiss  constitution 
federal01  ls  Devoted  to  tne  framework  of  the  federal  govern- 
govern-  ment  and  the  distribution  of  powers  among  its 
various  parts.  As  these  topics  are  to  be  dis- 
cussed in  detail  later  it  will  be  sufficient  at  this 
time  merely  to  name  and  characterize  briefly 
the  three  principal  authorities.  Of  these  the 
first  is  a  bicameral  legislature,  known  collectively 
or  when  the  two  houses  sit  together,  as  they  do 
for  certain  specific  purposes,  as  the  Federal 
Assembly  (Bundesversammlung,  Assemblec  fede- 
rale).  The  less  numerous  branch  of  the  Federal 
Assembly,  which  represents  the  cantons,  is 
called  the  Council  of  States  (Standerat,  Conscil 
des  £tats);  the  more  numerous  branch,  which 
represents  the  people,  is  called  the  National 

1  Referendum  votes  of  May  23,    1875,  and  October  21, 
1877. 

[68] 


THE  FEDERAL  CONSTITUTION 

Council     (Nationalrat,    Corur  '!«/).     Next 

ID  . .i.l.i  is  the  Federal  Council  (Bundtsrat, 
Conjfil  ffdsral),  or  executive  commission,  the 
members  of  which  are  elected  by  the  Federal 
mbly.  I m.illv  tlu-u-  is  .t  Federal  Court 
(Bundtsgericbt,  Tribunal  fidiral),  also  elected  by 
the  Federal  Assembly. 

To  the  processes  of  amendment  still  another 
chapter  is  devoted  by  the  Swiss  constitution. 
Although  the  shortest  of  the  chapters,  it  is  much 
lengthier  and  provides  more  varied  methods  of 
amendment  than  does  the  corresponding  article 
of  the  constitution  of  the  United  States.1  Owing 
jo  the  fact  that  the  initiative  and  referendum 
play  a  large  part  in  the  process  of  making  changes 
s  constitution,  it  has  seemed  best 
to  discuss  the  latter  topic  in  connection  with 
direct  legislation  generally.' 

1  here   can   be  no  doubt  of  the   fundamental   Lor»ity 
loyalty   of  the   people  of  Switzerland    to   their  ^JJy 
constitution.     In    the    Catholic    sections   of  the   t*ooe 
country   there   is  some  dissatisfaction   with   the 
us  imposed  upon  the  church,  but  that 
leaf  has  long  since  been  turned  over  in  the  history 
of  the  country.     More  than  a  quarter  of  a  cen- 
tury ago  it  was  remarked  by  two  careful  students 
that  those  who  favor  centralization   regard   the 
constitution   as   a   station   on   their   road,   while 
political    opponents    consider    it    to    be    a 
wall   against   the   further  encroachments  of  the 
»  Article  V.  »  See  Chapter  VI. 

[69] 


GOVERNMENT  OF  SWITZFRLAND 

centralizing  tendency.1  Although  the  boundaries 
of  federal  and  cantonal  power  have  since  been 
shifted,  greatly  to  the  advantage  of  the  former 
party,  the  same  attitude  continues  to  prevail 
toward  the  constitution  itself. 

The  Swiss  fundamental  law  is  not  sufficiently 
ancient,  especially  in  view  of  the  revision  of 
1874,  to  have  acquired  the  almost  superstitious 
veneration  with  which  the  constitution  of  the 
United  States  was  popularly  regarded  until  ten 
or  fifteen  years  ago.  Although  it  met  and 
solved  successfully  the  great  questions  of  feder- 
ation and  internal  reform,  the  people  of  Switzer- 
land have  always  considered  their  constitution 
a  purely  human,  and  therefore  quite  fallible, 
instrument.  Consequently  they  have  not  hesi- 
tated to  amend  it  freely.  Yet,  paradoxical  as 
it  may  seem,  there  is  in  Switzerland  at  the  present 
time  a  stronger  popular  inclination  to  accept  the 
federal  constitution  as  a  whole  and  to  oppose 
radical  amendments  to  it  than  is  the  case  in  the 
United  States. 

1  Adams  and  Cunningham,  "The  Swiss  Confederation," 
P.  37- 


[70] 


THE  FEDERAL  CONSTITUTION 


SELECTED  BIBLIOGRAPHY 

ADAMS.  F.  O.  and  CUNMIHGHAM,  C.  D.    "The  SWIM  Coo- 

federation,'  Ch.  II  (The  Swiss  Constitution). 
DODD,  W.  F.     "Modern  Constitution*;'  Vol.  II,  pp.  253-390 

(English  translation  of  die  Swiss  Mend  constitution, 

with  introductory  historical  note  and  select  bibliography). 
LOWELL,  A.  L.    "Government  and  Parties  in  Continental 

Europe,"  Vol.   II,  Ch.  XI   (Switzerland:     Institution!). 

Also  Appendix,   pp.   405-431,    containing    the    French 

version  of  the  Swiss  federal  constitution. 
McOucKAN,  W.  D.    "Rise  of  the  Swiss  Republic/*  Ch.  X 

(The  Constitution  of  the  Swiss  Confederation  and  of 

the    United    States    Compared).    Also    Appendix,  pp. 

3^*-394«  containing  an  English  translation  of  the  Swiss 

federal  const  it  < 

MACY,  J.,  and  GANNAWAY,  J.  W.    "Comparative  Free  Gor- 
'  Oi    III    (Origin  of  the  Swiss  Government), 

Ch.  LIII  (The  Frame  of  Government). 
MOSES,  B.     "The    Federal    Government    of    Switzerland," 
HI   (The  Distribution  of  Power),  Ch.  X  (Rights 

and  Privileges). 
VINCEHT,  J.  M.     "Government     in     Switzerland,"    Ch.     II 

(Confederation  and  Cantons).    Also    Appendix   II,  pp. 

289"332,  containing  an  English  translation  of  the  Swiss 

federal  constitution. 


[71] 


CHAPTER  IV 

THE     FEDERAL    LEGISLATURE 

CCORDING  to  the  constitution  the  Na- 
tional  Council,  or  more  numerous  branch 
for  the  of  the  federal  legislature,  consists  of  "repre- 
Coo^u1  sentatives  of  the  Swiss  people,  chosen  in  the 
ratio  of  one  member  for  each  20,000  persons 
of  the  total  population"  (Art.  72).  When 
division  of  the  total  population  of  any  canton 
by  this  constitutional  basis  of  representation 
leaves  a  fraction  of  over  10,000,  an  additional 
seat  is  assigned.  In  order  to  safeguard  the 
smallest  states  beyond  any  question,  the  con- 
stitution also  provides  that  each  canton,  and 
in  cases  where  divisions  have  occurred,  each 
half  canton,  shall  choose  ax  least  one  member. 

Once  every  ten  years  usually  it  is  the  practice 
in  Switzerland,  as  in  the  United  States,  to  take 
a  federal  census  which  serves  as  the  basis  of 
legislative  apportionment  for  the  ensuing  decade.1 
All  persons  resident  in  a  district  are  counted. 
As  a  result,  districts  in  which  there  is  a  con- 
siderable foreign  element  receive  a  correspond- 

1  Censuses  were  taken  in  1850,  1860,  1870,  1880,  1888, 
1900,  and  1910.  An  official  statement  of  the  resident  popu- 
lation upon  which  the  present  apportionment  is  based  may 
be  found  in  the  A.  S.  XXVII,  265. 

[72] 


:K  FEDERAL  LEGISLATURE 

ingly  larger  representation  than  district!  where 

ion    is   purely   Swiss.     In    1902,    an 

attempt  was  made  by  petition  so  to 

ami-.!  i  tiu-  constitution  th.it  Swiss  citizens  only 

should  be  counted  in  determining  the  apportion- 

presentatives.     Although    much    can 

be  said  in  favor  of  this  proposal,  it  ran  counter 

to  the  political   interest  of  many  of  the  larger 

id   was  overwhelmingly  defeated   by 

popular  vote,  October  25,  1903. 

Election  districts  for  the  Swiss  National 
Council  are  laid  out  not  by  the  state  legislatures, 
as  with  us,  but  by  the  federal  legislature.  In 
general  this  work  seems  to  be  done  fairly,  but 

;c    have    been    charges   of^  '^election    dist 
geometry"  (Wablkre\sgeomftr\e)^  or  gerrymander- 
1     No  district  can  be  formed  out  of  parts  of 
different    cantons    (Art.    73).     Originally    there 
were  only    120  seats   in   the   National   Council, 
but  with  the  increase  of  population  (and  a  fixed 
s  of  apportinmm  in )  the  number  has  grown 
until  there  are  at  present  189.    Of  these  Bern, 
tiu     most    populous    canton,    was    assigned    32; 
Vaud,  1 6;  and  so  on  down  to  the  two 
smallest  uhole  cantons,  Uri  and  Zug,  which  were 
given  I  each.     The  size  of  the  election  districts 
varies,  and  also  the  number  of  seats  assigned  to 
each.     Within    the   limitations   set   by   the   con- 
it  ion,   preference  is  given  to  larger  districts 

Dem   Schwebervolke  der   Propore," 
pp.  40  ft  ttq. 

[73] 


GOVERNMENT  OF  SWITZERLAND 

returning  two,  three,  four,  or  more  members 
each.  Thus,  under  the  present  apportionment 
there  are  only  6  single-member  districts.  In  the 
country  as  a  whole  there  are  49  districts,  and  the 
average  number  of  members  to  a  district  is 
between  three  and  four.1 

According  to  the  federal  constitution,  every 
male  Swiss  who  has  completed  twenty  years  of 
age  is  entitled  to  vote  in  elections  and  popular 
votes  (i.e.,  initiative  and  referendum  votes), 
unless  excluded  by  legislation  of  the  canton  in 
which  he  resides.  In  districts  returning  more 
than  one  member  of  the  National  Council  each 
voter  is  entitled  to  vote  for  as  many  candidates 
as  there  are  seats  to  be  filled.  Exclusion  of 
women  from  the  right  to  vote  is  apparently 
implied  by  the  use  of  the  masculine  form 
"  Schwfizer"  in  the  constitution.  A  further 
clause  gives  the  federation  the  power  to  establish 
by  law  uniform  regulations  for  the  exercise  of 
the  right  of  suffrage.2 

General  elections  for  the  Swiss  National 
Council  are  held  on  the  last  Sunday  in  October. 
Throughout  the  country  it  is  customary  to  use 
the  same  day  of  the  week  for  other  elections  and 

1  Stated  in  detail,  there  are  6  one-member;  7  two-member; 
10  three-member;  10  four-member;  6  five-member;  3  six- 
member;  5  seven-member;  and  2  eight-member  districts. 
See  the  Bundesgesetz  betreffend  dif  Nationdratswablkreise  of 
June  23,  1911,  in  A.  S.  XXVII,  731. 

*  Cf.  Burckhardt,  op.  cit.,  p.  666. 

[74] 


I.  FEDERAL  LEGISLATURE 


for    initiative    un.l    rrfrrt-mlurn    votes    as 

the  convenience  of  voters  coming  in  from 
•s.  th<   law  permits  elections  for  the 
National  Council  to  begin  on  the  afternoon  of 
iturduy)   before  the  regular  election 
day.    On  the  first   ballot  an  absolute  maj< 
is  necessary  to  a  choice.     In  case  any  seat  re- 
is   unfilled  as  a  result  of  this  requirement, 
a  supplementary  election  is  held,  usually  two  or 
three  weeks  later,  at  which   a  simple  plur.i 
is  sutfuit  nt  for  election. 

It  should  be  noted  that  the  system  of  election 
described  above  is  established  by  law,  not  by 
the  constitution.1  There  is  nothing  in  the  L 
to  prevent  the  introduction  of  a  system  of  pro- 
portional representation  for  the  election  of 
federal  representatives.  Moreover,  the  existence 
of  election  districts  returning  a  considerable 
number  of  members  each  would  facilitate  the 
application  of  this  reform.  On  two  occasions, 
however,  when  the  advocates  of  proportional 
representation  sought  by  initiative  to  secure  an 
amendment  to  the  constitution  providing  for 
adoption,  they  were  defeated  at  the  polls.1 
A  third  proposed  amendment  to  the  same  effect 
is  pending  at  the  present  time. 

"Every  lay  Swiss  citizen  who  has  the  right  to 
vote  is  eligible  for  membership  in  the  National 

.-rs  bftrffend  dit  tidtfnotsiscbr*  WabUn  und  Jbstim- 
M»«cm  of  July  19,  1872;  A.  S.  X,  915. 

1  November  4,  1900,  and  October  23,  1910. 

[753 


GOVERNMENT  OF  SWITZERLAND 

Council"  (Art.  75).  Dating  from  1848,  the 
word  "lay"  in  this  article  recalls  the  religious 
strife  which  preceded  the  adoption  of  the  con- 
stitution. Primarily,  of  course,  it  was  designed 
to  shut  out  the  Catholic  clergy  and  mon;i 
orders,  although  it  has  also  been  defended  on  the 
ground  of  the  alleged  incompatibility  between 
the  functions  of  a  minister  of  the  gospel  and  the 
activities  of  party  politics.  The  Catholic  clergy 
are  not  specifically  excepted,  but  in  practice  it 
amounts  to  the  same  thing,  since  a  Catholic 
priest  cannot  divest  himself  of  his  priestly  quality 
so  long  as  he  remains  a  member  of  that  confession. 
A  Protestant  clergyman,  on  the  other  hand, 
becomes  eligible  simply  by  resigning  his  spiritual 
office.  He  may  do  this  before  he  takes  his  seat, 
but  he  is  not  obliged  to  do  it  until  after  his 
election.  One  case  is  on  record  where  a  canny 
pastor  made  his  resignation  good  only  for  the 
period  during  which  he  might  remain  a  member 
of  the  National  Council.  In  practice,  however, 
the  election  of  clergymen  who  at  the  time  are 
engaged  in  religious  activities  as  the  chief  means 
of  gaining  their  livelihood,  is  very  unusual. 
There  are,  however,  several  instances  of  the 
election  of  former  Protestant  clergymen  who  had 
given  up  their  spiritual  careers  at  an  earlier  date. 

The  term  of  the  Swiss  National  Council  is 
three  years,1  the  whole  body  being  renewed  at 

1  Except  when  cut  short  by  dissolution  caused  by  total  re- 
vision of  the  constitution,  which  is  now  highly  unlikely  to 
occur. 

[76] 


THE  FEDERAL  LEGISLATURE 

each  i.     A  three-year  term  was  decided 

upon  to  correspond  with  the  term  of  the  fc«i 
extx  Also  it  was  believed  that  any  ih« 

period  v  t  afford  members  time  to  become 

Juries.     While  Swift  gen 

elections    for    the    National    Council    occur    in 
October,    the   term    of  newly   elected    members 

<>unted  as  beginning  until  they  assemble 
!urn.  the  capital,  on  the  first  Monday 
December,  for  the  purpose  of  organizing  the 
house.1  Members  whose  election  is  not  contested 
are  admitted  at  once.  Contested  elections  are 
referred  to  a  committee,  which  reports  usually 
on  the  following  day. 

By  express  constitutional  provision  a  member 
of  the  Swiss  Council  of  States  cannot  at  the 
same  time  be  a  member  of  the  National  Council 
(Art.  77).  The  same  article  makes  membership 
in  the  Federal  Council  incompatible  with  mem- 
bership in  the  National  Council,  —  a  constitu- 
IOM  which,  together  with  a  number 
of  others,  sharply  distinguishes  the  Swiss  execu- 
tive from  the  cabinets  of  England  and  France. 

.  it  is  provided  that  officials  appointed 
by  the  Federal  Council  may  not  at  the  same 
time  be  members  of  the  house.  A  nice  question 
of  constitutional  law  has  been  raised  with  regard 


bttrtjffnd  d\t  ridgnrtsriscbt*  H'abUn  nnd 
4t>st\mm*«gcn  of  July  19,  1872;  A.  S.  X,  915.  The  present 
house  was  elected  October  25,  1914,  and  met  for  the  first 
time  December  7,  1914. 

[77] 


GOVERNMENT  OF  SWITZERLAND 

to  officials  appointed  by  authorities  subordinate 
to  the  federal  executive,  as,  for  example,  Swiss 
post-office  appointees  and  the  greater  numbn  of 
the  officials  of  the  Swiss  federal  railway  system. 
By  inference  the  better  view  seems  to  be  that 
these  latter  also  are  excluded.1 

Presiding  Constitutional  provision  also  is  made  (Art.  78) 
for  the  election  by  the  National  Council  from 
among  its  own  membership  of  a  president  and 
vice  president  for  each  regular  or  extraordinary 
-session.  Care  must  be  taken  not  to  confuse  these 
officials  with  the  president  and  vice  president 
of  the  federation.  The  latter  are  the  most 
prominent  executive  officials  of  the  republic, 
while  the  president  and  vice  president  of  the 
National  Council  merely  function  as  regular 
and  substitute  chairmen  or  speakers  of  that 
body.  To  secure  rotation  in  these  offices  the 
Swiss  constitution  provides  that  "a  member 
who  has  held  the  office  of  president  (i.e.,  of  the 
National  Council)  during  a  regular  session  shall 
not  be  eligible  either  as  president  or  as  vice 
president  at  the  next  regular  session.  The  same 
member  may  not  be  vice  president  during  two 
consecutive  regular  sessions." 

Although  it  was  thus  the  manifest  purpose 
of  the  constitution  that  new  presiding  officers 
should  be  chosen  at  each  "regular  or  extra- 
ordinary session/'  this  has  not  been  the  actual 
practice.  When  the  constitution  was  adopted 
1  Burckhardt,  op.  cit.,  p.  671. 

[78] 


i:  FEDERAL  LEGISLATURE 

in  i-r.  it  was  thought  that  the  legislative 
business  of  the  federation  could  be  transacted 
at  one  regular  session  each  year.  Experience 
soon  demonstrated  the  necessity  of  at  least 
two  sessions  of  about  four  weeks  each,  the  first 
of  which  is  now  held  beginning  the  first  Monday 
November,  and  the  second  beginning  the 
first  Monday  in  June.  By  a  Icgisl.r  on, 

however,  these  are  treated  as  two  parts  of  one 
session.  In  practice  the  presiding  officers  chosen 
for  the  first  remain  in  office  for  the  second  part 
of  the  session,  and  also  during  any  extraordinary 
sessions  held  in  the  same  year.  It  is  also  cus- 
tomary to  promote  the  vice  president  of  one  year 
to  the  presidency  for  the  year  following.  Of 
recent  years  the  press  of  business  has  made 
necessary  a  brief  session  in  March,  and  there 
are  several  instances  of  short  extra  sessions 
•.L;  other  months. 

.  ase  of  a  tie  in  the  National  Council  the 
president  is  given  a  casting  vote  (Art.  78).  This 
provision  of  the  constitution  enables  him  to 
vote  twice  on  measures  which  result  in  a  dead- 
lock on  the  first  ballot.  But  in  elections,  i.e., 
of  members  of  committees  and  bureaus,  he 
votes  in  the  same  manner  as  other  members. 
The  president  of  the  National  Council  is  far 
from  being  as  powerful  and  influential  as  the 
speaker  of  our  House  of  Representatives.  Never- 
theless, the  former  office  is  considered  a  great 
prize  by  ambitious  parliamentary  leaders,  and 

[79] 


GOVERNMENT  OF  SWITZERLAND 

those  men   who  have   been   so   fortunate   a 
.it tain    it  enjoy  a   special   prestige  amon^   rlu-ir 
party  associates.     The  same  is  true  of  the  corre- 
sponding office  in  the  Council  of  States. 
Com-  Members  of  the  Swiss  National  Council  receive 

penutton  a  compensatjon  paid  out  of  the  federal  treasury 
miietfe  (Art.  79).  By  law  this  has  been  fixed  at  the 
very  moderate  sum  of  twenty  francs  for  each 
day  spent  in  attendance  at  legislative  sessions. 
Absence  or  tardiness  without  excuse  involves 
loss  of  the  day's  pay.  Members  also  receive 
mileage  amounting  to  twenty  centimes  per 
kilometer  traveled  each  way.1  This  rate,  which 
is  equivalent  to  6}  cents  per  mile,  is  less  than 
one  third  the  amount  our  congressmen  still 
allow  themselves.  All  mileage  computations  are 
determined  by  an  official  "Distance  Indicator/'2 
According  to  this  authority  the  most  distant 
commune  is  only  263  miles  from  the  capital. 

The  same  rates  of  pay  and  mileage  are  allowed 
for  service  on  legislative  committees,  or  commis- 
sions as  they  are  called  in  Switzerland.  These 
are  appointed  either  directly  by  the  house  or 
upon  nomination  of  a  bureau  composed  of  the 
president  and  vice  president  of  the  house  and 
four  tellers  elected  by  that  body.  Reports  of 

1  Twenty  centimes  per  kilometer  additional  are  allowed 
for  travel  over  mountain  roads  where  a  higher  posting  charge 
must  be  paid. 

»  The  latest  version  of  the  "Distance  Indicator"  may  be 
found  in  the  A.  S.  XXIX,  231  (1913). 

[80] 


i.  FEDERAL  LEGISLATURE 


committees  are    presented    by  a  "AV/r-fvn/"   or 
reporter   chosen  it    purpose.     Frcqut 

two  reporters  are  named,  one  to  report  in  Ger- 
man, the  other  in  l-muh.  At  il»«-  end  of  « 
session  a  number  of  committees  are  appointed 
:i.ikr  \i\\t  stigation  during  the  recess  and  to 
prepare  bills  for  submission  at  the  next  session. 
At  a  time-saving  and  speci.ili/m^  device  this 
practice  is  doubtless  qur  table,  but  some 

of  the  more  economical  Swiss  are  inclined  to 
regard  it  as  a  senseless  extravagance.  Fre- 
quently the  business  of  these  committees  is  of 
such  a  character  that  it  can  best  be  transacted 
at  cantonal  capitals  aided  by  cantonal  officials. 
The  latter  arrangement  naturally  meets  with 
approval  from  the  advocates  of  states'  ru 
who  are  inclined  to  believe  that  far  too  much 
of  the  federal  business  is  centralized  at  Bern 

ay. 

As  we  have   just    noted,  the  Swiss  constitu- 
tion  goes  into  considerable  detail  regarding  the   ^ 
composition  of  the  National  Council,   but    it 
extremely    brief   regarding    the    composition    of 
the  Council  of  States,  or  less  numerous  branch 
of  the   federal   legislature.     Although    an   organ 
of  the    federation,    the   Council   of  States   was 
designed   in    a   peculiar   sense   to   represent   the 
cantons.     Consequently    it    was    felt    that    the 
latter  should  be  left  to  decide  everything  poss 
regarding  the  make-up  of  this  body.     Following 
the  American  model,  the  Swiss  constitution  does 

[81] 


GOVERNMENT  OF  SWITZERLAND 

indeed  provide  for  forty-four  members  of  the 
Council  of  States,  or  two  from  each  canton, 
except  the  half  cantons,  which  choose  one  each  l 
(Art.  80).  Our  own  constitution,  it  will  be 
recalled,  prescribes  in  some  detail  the  manner  of 
election,  term,  and  qualifications  of  United  States 
senators.  An  American  state  may  not,  of  course, 
change  any  of  these  qualifications,  and  according 
to  the  best  authorities  it  cannot  even  add  to 
them,  although  some  efforts  have  been  made  in 
the  latter  direction.2  But  the  Swiss  constitution 
does  not  determine  the  method  of  electing  mem- 
bers of  the  Council  of  States,  it  does  not  fix  their 
term  of  office  nor  prescribe  their  qualifications, 
—  all  these  matters  being  left  to  the  discretion 
of  the  cantons.  It  does  not  even  provide  for 
the  exclusion  of  ministers  of  religion  from  this 
house,  as  is  done  in  the  case  of  the  National 
Council.  On  one  point,  indeed,  the  Swiss  con- 
stitution is  explicit,  but  then  only  to  emphasize 
the  sole  right  of  the  states  in  the  matter,  — 

1  Equality  in  the  Council  of  States,  thus  guaranteed  to 
the  Swiss  cantons,  results  in  wide  disparities  from  the  point 
of  view  of  the  representation  of  the  population  proportionally. 
Uri,  with  22,055  people  in  1910,  counted  equally  so  far  as 
seats  in  the  Council  of  States  were  concerned  with  Bern, 
which  had  a  population  in  that  year  of  642,744.  Still,  these 
disparities  are  not  so  extreme  as  those  now  existing  in  the 
upper  house  of  our  federal  legislature.  New  York  State  had 
a  population  in  1910  of  9,113,614;  Nevada,  a  population 
of  81,875.  Yet  each  elects  two  United  States  senators. 

*  Cf.  Beard,  "American  Government  and  Politics,"  p.  240. 

[82] 


I  ME  FEDERAL  LEGISLATURE 

namely,  that  salaries  of  the  members  of  the 
Council  of  States  are  to  be  paid  by  the  cantons 
(Art.  83). 

As  a  result  of  this  extremely  states'  rights 
rude,  a  diversity  of  conditions  exists  in  the 
Council  of  States  which  is  unknown  in  the  Ameri- 
can Senate,  its  prototype.  There  is,  however, 
a  growing  tendency  toward  uniformity.  Thus 
most  of  the  cantons  now  choose  their  reprcsen- 
.rs  in  the  Council  of  States  by  direct  popu- 
lar election.  In  the  pure  democracies  they  are 
elected  by  the  popular  assemblies,  which  amounts 
to  much  the  same  thing.  Seven  cantons,  how- 
ever, —  Bern,  Freiburg,  St.  Gallon,  Aargau, 
Vaud,  Valais,  and  Ncuchatel,  —  still  intrust 
the  election  of  their  representatives  in  the  Council 
of  States  to  the  cantonal  legislatures.  A  three- 
year  term,  corresponding  to  that  of  the  National 
Council,  is  also  becoming  the  general  rule,  but 
Zug  chooses  its  representatives  for  four  years, 
Freiburg  for  two,  and  Uri,  Lower  Unterwalden, 
St.  Gallon,  Vaud,  and  Neuchatel  for  one  year. 
There  is  nothing  to  prevent  the  recall  of  members 
of  the  Council  of  States  at  any  time,  and  two  of 
the  cantons  —  Neuchatel  and  Vaud  —  have  given 
this  power  to  their  legislatures.  By  another 
provision  of  the  federal  constitution  (Art.  91), 
\\hich  seems  rather  inconsistent  with  the  general 
principle  noted  above,  members  of  the  Council 
of  States  must  not  be  instructed  as  to  their  votes 
in  that  body.  In  the  states  where  they  are 


GOVERNMENT  OF  SWITZERLAND 

elected  by  the  legislatures,  the  latter  sometimes 
require  them  to  render  an  account  of  their  official 
conduct.  All  the  cantons  pay  salaries  and 
mileage  to  their  representatives  in  the  Council 
of  States,  usually  at  the  same  rates  as  fixed 
by  the  federation  for  members  of  the  National 
Council.  By  a  federal  law,  members  of  the 
Council  of  States  also  receive  compensation  and 
mileage  from  the  federal  treasury  at  the  same 
rate  as  members  of  the  National  Council,  for 
services  on  legislative  committees,  —  a  provision 
scarcely  consistent  with  the  intent  of  the  con- 
stitution. 

With  the  exception  of  these  matters,  nearly 
all  of  which  are  left  to  the  decision  of  the  cantons, 
there  are  only  two  provisions  in  the  federal 
constitution  regarding  the  composition  of  the 
Council  of  States.  One  of  these  (Art.  81)  makes 
membership  in  that  body  incompatible  with 
membership  at  the  same  time  in  the  National 
Council  or  in  the  Federal  Council.  The  other 
provides  for  a  president  and  vice  president  of 
the  Council  of  States,  chosen  for  the  same  terms 
and  rotated  in  the  same  manner  as  the  corre- 
sponding officers  of  the  National  Council,  with 
the  added  conditions  that  "neither  the  president 
nor  the  vice  president  may  be  chosen  from 
among  the  representatives  of  the  canton  from 
which  the  president  had  been  chosen  for  the 
regular  session  immediately  preceding,"  and 
further,  that  "representatives  of  the  same  canton 


I  HE  FEDERAL  LEGISLATURE 

shall  not  occupy  the  position  of  vice  president 
during  two  consecutive  regular  sessions"  (Art. 
82).  Although  not  strictly  in  accordance  with 
the  intern  of  the  constitution,  the  Council  of 
States,  like  the  National  Council,  continues  the 
same  presiding  officers  in  power  during  all  the 
sessions,  regular  and  extraordinary,  of  a  year. 
Like  the  National  Council,  also,  it  customarily 
promotes  the  vice  president  of  one  year  to  the 
presidency  of  the  next.  In  case  of  a  tie  vote 
and  in  elections,  the  president  of  the  Council  of 
States  has  the  same  power  as  the  president  of 
the  other  house. 

At  the  very  beginning  of  the  constitutional 
provisions  regarding  all  the  organs  of  the  federal 
government  (Chap.  II,  Art.  71),  the  general 
principle  is  enunciated  that  "with  the  reser- 
vation of  the  rights  of  the  people  and  of  the  can- 
tons the  supreme  authority  of  the  Federation 
shall  be  exercised  by  the  Federal  Assembly." 
This  would  seem  to  dispose  effectually  of  the 
contention  that  the  fathers  of  the  Swiss  con- 
stitution intended  to  establish  a  government 
of  concurrent  powers,  checking  and  balancing 
each  other.  Later,  in  taking  up  the  specific 
powers  of  the  Federal  Assembly,  the  constitution 
states  that  the  two  houses  "shall  consider  all 
the  subjects  which  the  present  constitution 
places  within  the  competence  of  the  federation 
and  which  are  not  assigned  to  any  other  federal 
authority"  (Art.  84).  Does  this  make  the 

[85] 


GOVERNMENT  OF  SWITZERLAND 

Swiss  legislative  branch  the  residuary  legatee 
of  all  federal  powers  of  whatever  kind,  not 
definitely  conferred  upon  other  branches? 

Later  provisions  of  the  constitution  refer  to 
the  Federal  Council  as  "the  supreme  directive 
and  executive  authority"  (Art.  95),  and  to  the 
Federal  Court  as  established  "for  the  adminis- 
tration of  justice  in  federal  matters"  (Art.  106). 
It  these  clauses  modify  the  earlier  sweeping 
grants  of  power  to  the  legislative  branch,  — 
and  in  the  opinion  of  commentators  of  high 
authority  they  do,1  —  the  correct  interpretation 
is  that  executive  or  judicial  functions  not  other- 
wise assigned  must  be  presumed  to  be  vested  in 
the  Federal  Council  and  Federal  Court,  respec- 
tively. On  the  other  hand,  all  federal  legislative 
powers,  express  or  implied,  belong  to  the  Federal 
Assembly.  In  addition,  the  Federal  Assembly 
exercises  certain  executive  and  judicial  powers 
that  are  conferred  upon  it  expressly  by  the 
constitution.  It  may  assume,  and  in  practice 
frequently  has  assumed,  other  functions  of  this 
character. 

wid«  A  consideration  of  the  executive  powers  con- 

rf°execu-    ^errec^    by    the    constitution    upon    the    Federal 
tive  Assembly  will  show  that  they  bulk  large,  even 

Frtlni*   m  comparison  with  its  sweeping  legislative  com- 
As»embiy   petencc.       The     Federal     Assembly    elects    the 
Federal  Council,  the  Federal  Court,  the  Chan- 
cellor, and  the  General  (in  chief)  of  the  federal 
1  Burckhardt,  op.  a/.,  p.  678. 

[86] 


THE  FEDERAL  LEGISLATURE 

army.  By  law  it  may  assume  other  powers 
of  election  and  confirmation  (Art.  85,  cl.  4). 
It  approves  alliances  or  treaties  with  foreign 
powers,  also  the  treaties  made  by  cantons  among 
themselves  or  with  foreign  powers  (Art.  85, 
*  I.  5).  It  takes  "measures  for  external  safety 
and  also  for  the  maintenance  of  the  independence 
and  neutrality  of  Switzerland."  It  declares 
war  and  concludes  peace  (Art.  85,  cl.  6).  It 
guarantees  "the  constitutions  and  territory  of 
the  cantons,"  intervenes  to  maintain  such  guaran- 
ties, takes  measures  for  the  internal  safety  of  the 
country,  and  exercises  the  powers  of  amnesty 
and  pardon  (Art.  85,  cl.  7).  It  takes  measures 
n  the  provisions  of  the  federal  con- 
st! union  and  for  fulfilling  federal  obligations 
(Art.  85,  cl.  8).  It  has  the  "power  of  controlling 
the  federal  army"  (Art.  85,  cl.  9).  Finally, 
it  has  the  "supervision  of  federal  administration 
and  of  federal  court  administration"  (Art.  85, 
el.  ii1.  In  spite  of  the  language  of  the  con- 
stitution, it  is  not  to  be  inferred  that  all  these 
functions  are  performed  exclusively  or  directly 
by  the  federal  legislature.  Many  of  them, 
indeed,  are  handled  by  the  executive,  i.e.,  the 
Federal  Council;  but  the  important  fact  to  re- 
member is  that  the  latter  must  seek  legislative 
approval  for  all  its  actions  within  these  fields. 

The  judicial  powers  of  the  Federal  Assembly 
formerly  included  action  as  a  court  of  last  resort 
upon  "protests  against  the  decisions  of  the 

[a?] 


GOVERNMENT  OF  SWITZERLAND 

Federal  Council  upon  administrative  conflicts" 
and  upon  "conflicts  of  jurisdiction  between 
federal  authorities"  (Art.  85,  els.  12  and  13). 
By  an  amendment  to  the  constitution  adopted 
October  25,  1914,  part  of  these  powers  are  to 
be  transferred  to  a  federal  administrative  court. 
Although  the  general  grant  of  legislative 
powers  to  the  Federal  Assembly  would  seem  to 
be  sweeping  enough,  the  constitution  also  confers 
directly  certain  specific  powers  of  this  character 
upon  the  federal  legislature.  These  include  pas- 
sage of  the  budget,  audit  of  public  accounts, 
authorization  of  loans  (Art.  85,  cl.  10);  creation 
of  federal  offices  and  fixing  of  salaries  attached 
thereto  (Art.  85,  cl.  3);  and  the  organization 
and  election  of  federal  authorities  (Art.  85,  cl.  i). 
The  federal  legislature  also  plays  an  important 
part  in  the  amendment  of  the  constitution. 
Powers  Unlike  the  constitution  of  the  United  States, 
°f  the  the  Swiss  constitution  confers  no  special  or 

houses  .  .  . 

are  exclusive  powers  upon  either  ot  the  two  legis- 

concurrent  jative  houses.  Thus  in  Switzerland  the  power  of 
passing  upon  treaties  is  exercised  equally  by  the 
National  Council  and  the  Council  of  States. 
Nor  has  either  house  any  special  powers  in 
connection  with  appointments,  impeachment, 
bills  to  raise  revenue,  or  presidential  and  vice 
presidential  elections.  All  business  is  trans- 
acted separately  by  the  two  houses  except  that 
they  meet  in  joint  session  (i)  to  elect  the  Federal 
Council,  Federal  Court,  Chancellor,  and  General 
[88] 


HIE  FEDERAL  LEGISLATURE 

(in  chief);  (2)  to  exercise  the  pardoning  powt 
and  (3)  to  decide  conflicts  of  jurisdiction  between 
federal  authmitu  s.  In  such  joint  sessions  the 
189  National  Councilors  have,  of  course,  a  marked 
preponderance  of  voting  power  over  the  44 
members  of  the  Council  of  States.  The  more 
numerous  house  is  also  favored  on  these  occa- 
sions to  the  extent  that  its  president  takes  the 
chair. 

So  far  as  the  constitutional  distribution  of 
powers  is  concerned,  therefore,  the  two  houses 
of  the  Swiss  federal  legislature  are  almost  exactly 
concurrent,  such  small  differences  as  do  exist 
in  this  respect  being  favorable  to  the  National 
Council.  Lack  of  uniformity  in  the  terms  of  its 
members  also  places  the  Council  of  States  at 
a  slight  disadvantage.  On  the  average,  their 
terms  are  no  longer  than  those  of  the  National 
Councilors.  Such  differences  in  actual  power 
as  exist,  or  have  existed,  between  the  two  bodies 
must  therefore  be  explained  largely  on  personal 
and  historical  grounds. 

When  the  federal  form  of  government  was  Th« 
adopted  in  1848,  the  Council  of  States,  based  JJJ 
upon  the  principle  of  equal  representation,  boo* 
clearly  continued  the  tradition  of  the  old  Diet;  mmt 

1  Twice  a  year  the  two  houses  meet  in  joint  session  for 
the  consideration  of  120  or  more  applications  for  pardon, 
•one  of  them  involving  fines  as  low  as  100  francs  or  imprison- 
ment for  a  few  days,  —  certainly  a  rather  petty  occupation 
for  a  federal  legislature. 

[89] 


GOVERNMENT  OF  SWITZERLAND 

while  the  National  Council,  based  upon  the 
principle  of  the  representation  of  the  people 
of  the  cantons  in  proportion  to  their  number, 
was  wholly  a  new  creation.  For  a  few  years 
thereafter  men  of  greater  prominence  sat  in  the 
Council  of  States.  This  has  long  since  ceased 
to  be  the  case,  and  it  is  now  generally  admitted 
that  the  National  Council  exercises  considerably 
greater  influence  than  the  Council  of  States. 
Care  must  be  taken,  however,  not  to  overstate 
the  case.  As  Dupriez  very  justly  observes, 
while  "the  situation  of  the  Council  of  States 
is  in  no  wise  comparable  to  that  of  the  Senate 
of  the  United  States,"  still  "the  National  Council 
has  not  acquired  the  preponderance  of  the  French 
Chamber." l  In  spite  of  its  relative  decline, 
therefore,  the  Council  of  States  is  neither  a  refuge 
for  reactionaries  nor  a  haven  for  the  advocates  of 
states'  rights  and  special  privilege. 

Occasionally  the  argument  is  raised  in  Switzer- 
land that  if  the  Council  of  States  agrees  with 
the  popular  will  as  expressed  by  the  National 
Council  and  referendum  votes  it  is  useless, 
while  if  it  disagrees  with  the  popular  will  it  is 
pernicious.  A  proposal  to  abolish  the  Council 
,  of  States  on  these  grounds  was  rejected  by  the 
National  Council  in  1870  by  a  vote  of  sixty- 
four  to  seven.  Back  of  this  overwhelming 
majority  was  the  conviction  that  in  practice 

1  "Les  Ministres  dans  les  principaux  Pays  d'Europe  ct 
d'Amerique,"  II,  209. 

[90] 


I  ME  FEDERAL  LEGISLATURE 

the  Council  of  States  had  often  taken  a  more 
liberal  view  of  legislative  matters  than  the  other 
i  lumber,  and  that  it  had  at  no  time  operated 
as  an  obstacle  to  tin  natural  development 
the  country.  Originally  designed  to  reconcile 
the  small  cantons  to  the  federal  idea,  it  has 
survived  this  purpose,  and  although  today  the 
less  important  of  the  two  houses,  it  has  fully 

If   by    the    practical    utility    of 
contiilumnn   to.  the  workings  of  the  bicameral 

>nal  legislature. 

Several  general  provisions  regarding  the  con- 
duct of  legislative  business  are  incorporated  in 
the  text  of  the  Swiss  constitution  itself.  Most 
of  them  have  been  supplemented  extensively 
by  law  and  by  parliamentary  rules.  Thus  the 
constitution  requires  that  "as  a  rule"  the  sittings 
of  the  two  houses  shall  be  public  (Art.  94). 
According  to  parliamentary  regulations,  however, 
secret  sessions  may  be  voted  upon  the  motion  of 
ten  National  Councilors  or  of  five  members  of 
the  Council  of  States,  and  it  is  also  provided 
that  the  discussion  of  such  motions  shall  be 
secret.1  As  a  matter  of  fact,  open  sessions  to 
which  the  public  and  representatives  of  the  press 
are  admitted  are  by  far  the  more  common. 
Debates  are  not  officially  reported,  although 
stenographic  notes  of  the  more  important  pro- 
ceedings are  kept.  Swiss  newspapers  seldom 

1  Regl.  d.  N.  R.,  June  5,  1903,  An.  38;  Reg!,  d.  St.  R., 
March  27,  1903,  An.  39. 

[91] 


GOVERNMENT  OF  SWITZERLAND 

publish  verbatim  reports  of  speeches,  but  they 
do  present  daily  summaries  of  parliamentary 
discussions  which  are  usually  judicious  and 
accurate.  All  three  official  languages  —  Ger- 
man, French,  and  Italian  —  are  used  on  the 
floor  of  the  houses.  Most  educated  Swiss  are 
bilingual,  and  members  follow  the  speeches 
without  apparent  difficulty,  no  matter  which 
language  is  used.  An  interpreter  stands  by  the 
side  of  the  presiding  officer  and  translates  his 
remarks  into  German  if  he  uses  French,  and  vice 
versa.  Official  documents,  laws,  and  adminis- 
trative orders  of  the  federal  government  are 
published  in  all  three  languages. 

Extr«  Extraordinary  sessions  of  the  two  houses  are 

called  by  a  resolution  of  the  executive,  i.e.,  the 
Federal  Council,  either  acting  alone,  or  upon 
the  demand  of  one  fourth  the  members  of  the 
National  Council,  or  of  five  cantons  (Art.  86). 
It  is  rather  curious  that  instead  of  conferring 
power  upon  one  fourth  of  the  members  of  the 
Council  of  States  in  this  connection,  the  con- 
stitution actually  confers  it  upon  five  cantons, 
or  about  one  fourth  the  total  number  of  states  in 
the  federation.  As  a  matter  of  fact,  the  cantons 
have  never  made  use  of  this  constitutional  pro- 
vision, and  there  is  only  one  instance  on  record 
of  a  demand  for  an  extra  session  originating  with 
one  fourth  the  membership  of  the  National  Coun- 
cil. It  is  important  to  note  that  no  outside 
authority  may  prorogue  or  dissolve  either  of  the 

[92] 


I  HE  FEDERAL  LEGISLATURE 

Swiss  legislative  bodies.    They  alone  may  take 
such  action  by  a  concurrent  resolution. 

The  presence  of  a  majority  of  the  membership 
of  either  house  is  necessary  to  constitute  a  quorum 
(Art.  87).  Decisions  are  reached  by  a  majority 
of  those  voting  (Art.  88).  Members  of  both 
houses  vote  without  instructions  (Art.  91). 
Federal  laws  and  federal  resolutions  shall  be 
passed  only  by  the  agreement  of  the  two 
houses  (Art.  89),  subject,  however,  to  the  ref- 
erendum. Swiss  commentators  have  discussed 
voluminously  the  theoretical  distinctions  be- 
tween these  two  forms  of  expression  of  the  leg- 
islative will.1  In  practice  such  distinctions  are 
frequently  disregarded.  Federal  laws  are  the 
higher  of  the  two,  and  are  presumed  always 
to  formulate  legal  commands.  Organic  laws 
are  good  examples.  While  legal  commands  bind- 
ing upon  citizens  as  well  as  officials  may  be 
found  in  federal  resolutions,  the  latter  form  is 
preferred  for  all  kinds  of  acts  of  approval  and 
ication,  for  acts  ordering  execution  or  com- 
pletion of  laws  already  enacted,  for  conveying 
instructions  or  issuing  orders  to  the  Federal 
Council,  for  replies  to  petitions  and  decisions 
upon  appeal.  Since  the  Swiss  legislature  passes 
upon  both  of  these  forms,  it  adds  to  ordinary 
legislative  powers  a  power  of  passing  upon 
admiiiistr.it ive  regulations  which  in  other  Euro- 

>  Of.  Th.  GuhlV  BundesRcsctz,  Bundesbeschluss,  und  Vcr- 
ordnung";    also  Burckhardt,  op.  cit.,  pp.  713-733. 

[93] 


GOVERNMENT  OF  SWITZERLAND 

pean  countries  is  usually  confined  to  adminis- 
trative authorities  exclusively.  However,  this 
does  not  include  the  minor  forms  of  adminis- 
trative resolutions,  —  the  Bundcsratsbeschliissf, 
ytrordnungeny  and  ReglementSj  —  which  are  issued 
by  the  Federal  Council  alone.  Thus  the  Swiss 
executive,  subject  of  course  to  control  by  the 
two  houses,  undertakes  most  of  the  business 
which  in  American  legislatures  takes  the  form  of 
special  and  private  bills.  In  this  way  the  Federal 
Assembly  is  spared  the  consideration  of  innumer- 
able petty  details  and  enabled  to  concentrate 
on  matters  of  prime  importance. 

The  right  of  originating  measures  belongs  to 
each  of  the  two  houses  and  to  each  member  of 
either  house  individually.  Cantons  may  by 
correspondence  exercise  the  same  right  (Art. 
93).  Since  the  establishment  of  the  federal  form 
of  government,  there  have  been  but  six  or  seven 
instances  of  the  employment  by  cantons  of 
their  right  of  initiative  by  correspondence. 
These  were  concerned  chiefly  with  requests 
for  particular  benefits  or  for  exemptions  from 
special  burdens.  All  together,  therefore,  the 
legislative  effect  of  the  cantonal  initiative  has 
been  practically  negligible.  It  is  also  true  that 
the  right  of  initiative  is  almost  never  exercised 
nowadays  by  individual  members  of  either 
house.  Nearly  always  representatives  who  de- 
sire the  introduction  of  a  certain  measure  simply 
present  a  motion  inviting  the  executive,  i.e., 

[94] 


THE  FEDERAL  LEGISLATURE 

the  Federal  Council,  to  prepare  a  report  and 
draft  a  bill  covering  the  case.  If  this  resolution 
passes  both  houses,  the  executive  in  due  time 
presents  the  report  as  requested,  together  with 
a  bill  drawn  in  full  legal  form.  Incidentally 
C'. .mull  does  not  have  to  wait  for 
a  request  from  the  legislature  before  introducing 
a  bill,  .is  ir  possesses  the  full  right  of  initiative 
on  its  own  account  (Art.  102). 

There  are  manifest  advantages  in  the  practice 
described  above.  It  is  seldom  that  members  of 
legislative  bodies  either  in  Switzerland  or  else- 
where are  competent  to  draft  legislation  satis- 
factorily. By  the  Swiss  system  every  bill  is 
drafted  by  an  expert  authority,  familiar  not  only 
\\ith  legal  forms  and  constitutional  limitations, 
but  also  with  administrative  experience  in  the 
fields  affected  by  the  measure.  Legislators  are 
set  free  from  tasks  for  which  they  are  not  qualified 
and  enabled  to  devote  more  time  to  the  dis- 
cussion of  the  broad  general  principles  involved 
in  bills  and  to  the  expression  of  local  points  of 
view  thereon.  Nor  does  there  seem  to  be  any 
fear  on  the  part  of  the  Swiss  that  the  executive 
\\ill  take  advantage  of  this  situation  by  making 
point  of  view  prevail  unduly  as  against  that 
of  the  legislature.  For  the  Federal  Council  is 
not  only  under  the  general  control  of  the  legis- 
lature, but  must  also  appear  before  the  two 
houses  to  explain  and  defend  the  bill  it  has 
drafted.  Moreover,  each  branch  of  the  legis- 

[95] 


GOVERNMENT  OF  SWITZERLAND 

lature  may  reject  the  bill  altogether  or  return 
it  to  the  Federal  Council  with  a  recommendation 
that  it  be  amended. 

According  to  the  Swiss  constitution,  it  is  held 
that  every  bill  which  is  introduced  is  introduced 
into  the  National  Assembly,  i.e.,  into  both 
houses  and  not  into  one  or  the  other  house 
separately.  The  failure  of  a  bill  in  one  house, 
therefore,  does  not  prevent  its  discussion  in  the 
other.  If  bills  pass  in  one  house  and  not  in  the 
other,  or  if  they  pass  both  houses  in  different 
forms,  a  conference  is  arranged  between  the 
committees  in  charge  of  the  bill  in  each  house, 
and  an  effort  is  made  to  secure  agreement.1 
Frequently  harmony  results,  but,  of  course,  if 
the  houses  stand  out  against  each  other  the 
bill  fails.  Conflicts  of  this  character,  however, 
have  never  been  pushed  to  the  point  of  con- 
stitutional crisis  in  Switzerland. 

Prior  to  the  opening  of  each  session  the  Federal 
Council  presents  to  the  presidents  of  the  two 
houses  the  various  bills  and  resolutions  which  are 
to  be  introduced.  The  presidents  thereupon 
divide  the  business  between  them,  each  pre- 
senting to  his  own  chamber  the  portion  assigned 
to  it.  A  considerable  economy  of  time  is  thereby 
effected,  —  a  point  of  no  small  importance  with 
legislative  sessions  so  short  as  they  are  in  Switzer- 
land. Meetings  of  the  houses  begin  at  eight  or 

1  Bundesgesetz  uber  den  Gescbaftsvfrkcbr  of  October  9,  1902, 
Art.  6. 

[96] 


THE  FEDERAL  LEGISLATURE 

nine  o'clock  every  week-day  morning  except 
Monday,  when  they  begin  at  three  in  the  after- 
noon. Usually  they  last  four  or  five  hours.  By 
tins  anangement  members  are  enabled  to  spend 
week  ends  at  home.  As  adjournment  draws 
near,  two  meetings  a  day  are  held  if  necessary. 

Sessions  of  the  Swiss  federal  houses  are  not 
opened  with  prayer  as  is  customary  in  the  United  ^^ 
States.  In  making  an  address  members  usually 
rise  and  remain  standing  at  their  desks.  If 
the  speaker  is  forceful  or  a  man  of  political 
importance,  other  members  will  leave  their 
•eats  and  crowd  around  him.  There  are  few 
flights  of  oratory,  most  of  the  addresses  being 

inely  matter  of  fact  both  in  tone  and  content. 
If  a  dry  and  long-winded  speaker  holds  the 
floor,  his  colleagues  either  leave  the  hall  in 
droves  or  devote  themselves  unblushingly  to 
conversation,  smoking,  newspaper  reading,  or 
spondence.  On  the  whole,  however, 
the  Swiss  National  Council  and  Council  of  States 
rank  among  the  best-behaved  legislative  bodies 
in  the  world.  Turbulence  is  virtually  unknown 

rlur  chamber.  Personal  good  feeling  pre- 
vails and  the  rules  are  neither  lengthy,  intricate, 
nor  severe.  The  presiding  officers  are  fair  as 
between  party  groups  and  orators  desiring 
the  floor,  resembling  the  English  rather  than  the 
American  speaker  in  this  respect.  A  member 
may  speak  to  a  question  three  times  if  he  so 
desires.  Although  cloture  may  be  applied  by 

[97] 


GOVERNMENT  OF  SWITZERLAND 

a  two-thirds  vote,  it  cannot  be  moved  so  long  as 
a  member  who  has  not  yet  participated  in  the 
debate  desires  to  introduce  and  explain  an 
amendment.  Of  course,  the  problem  of  disci- 
pline is  rendered  easy  by  the  comparatively  small 
size  of  the  two  houses,  especially  of  the  Council 
of  States,  and  the  resulting  closer  acquaintance- 
ship of  the  members.  Also  party  spirit  does  not 
run  so  high  in  Switzerland  as  in  the  United 
States.  Nor  is  there  the  ever  present  possi- 
bility of  the  fall  of  the  ministry  to  heighten  the 
excitement  of  parliamentary  conflicts. 
A<e  and  The  Swiss  Council  of  States  can  scarcely  be 
of&»i!»  described  as  a  much  more  venerable  body  than 
legislators  the  National  Council.  Members  of  the  former 
show  an  average  age  of  58.9,  of  the  latter  56.2 
years.1  Educational  standards  are  high  in  both 
houses,  three  fifths  of  the  National  Councilors 
and  three  fourths  of  the  members  of  the  Council 
of  States  being  men  of  university  training.  It 
is  worth  noting  that  Swiss  legislators,  following 
the  European  custom,  migrated  from  one  uni- 
versity to  another  during  their  student  days. 
Nor  did  they  confine  themselves  entirely  to  the 
institutions  of  higher  learning  in  their  own 
country.  All  the  great  universities  of  Germany, 
France,  and  Italy  contributed  to  their  educational 
experience.  Foreign  travel  and  observation  as 

1  The  average  age  of  United  States  senators  in  1916  was 
58.1  years;  of  members  of  the  House  of  Representatives, 
50.6  years. 

[98] 


I  HE  FEDERAL  LEGISLATURE 

well  as  academic  training  are  thus  represented 
to  an  unusual  degree  in  the  Swiss  federal  legit* 
lature.  In  the  great  majority  of  cases,  moreover, 
its  members  have  had  experience  in  the  legis- 
latures or  in  the  administrative  and  judicial 
service  of  their  own  states  before  their  elevation 
to  national  office.  Two  fifths  of  the  National 
Councilors  and  nearly  half  of  the  representatives 
in  the  Council  of  States  are  commissioned  officers 
in  the  army,  but  as  their  duties  in  this  connection 
take  only  part  of  their  time,  all  of  them  have 
1  occupations  as  well.  Taken  in  connection 
with  the  universal  military  training  required 
in  Switzerland,  which  virtually  all  the  members 
have  undergone,  it  is  evident  that  the  federal 
legislature  ought  to  be  well  qualified  to  discuss 
questions  of  national  defense. 

Lawyers  predominate  in  the  Council  of  States, 
more  than  three  fifths  of  its  membership  being 
recruited  from  the  bar,  while  in  the  National 
Council  only  two  fifths  are  members  of  the  legal 
profession.  In  addition  to  its  majority  of  law- 
yers, the  present  Council  of  States  contains  five 
journalists  and  two  physicians.  Business  pur- 
suits are  represented  as  follows:  manufactures 
and  mechanical,  two;  transportation,  one;  trade, 
five,  of  whom  three  are  bankers;  no  occupation 
stated,  three.  Considering  the  prominence  of 
agricultural  and  pastoral  pursuits  in  Switzerland, 
it  is  rather  remarkable  that  there  are  no  farmers 
in  this  branch  of  the  Federal  Assembly. 

[99] 


GOVERNMENT  OF  SWITZERLAND 

In  the  National  Council  the  professions  are 
represented  as  follows:  lawyers,  seventy-eight; 
journalists,  thirteen;  teachers,  thirteen;  physi- 
cians, twelve;  former  preachers,  three;  authors, 
one;  engineering  and  architecture,  two.  Busi- 
ness classes  send  quotas  as  follows:  manufactures 
and  mechanical,  twenty-two;  transportation, 
three;  trade,  sixteen,  of  whom  four  are  bankers 
and  two  are  hotel-keepers;  agriculture,  sixteen; 
no  occupation  stated,  ten.  From  the  point  of 
view  of  economic  experience,  therefore,  the 
National  Council  is  more  broadly  representative 
than  the  Council  of  States. 

Absence         The  Swiss  National  Council  is  far  more  stable 
of         ,   in    composition    than    the    American    House    of 

•ystemof 

rotation  Representatives.  In  the  latter  the  average  pro- 
portion of  new  members  is  from  a  fourth  to  a 
third.1  Only  twelve  of  the  189  members  of  the 
present  National  Council,  or  6.3  per  cent,  are 
serving  for  the  first  time.  Seven  members  had 
been  elected  to  ten  or  more  triennial  terms. 
The  Swiss  Council  of  States  also  shows  a  greater 
average  period  of  service  than  the  Senate  of  the 
United  States.  In  1916  there  were  twelve 
representatives  in  the  Swiss  Council  of  States 
who  had  been  members  of  that  body  for  twenty 
years  or  more,  while  in  the  Senate  of  the  United 

1  For  the  last  three  Congresses  of  the  United  States  the 
figures  are  as  follows:  6zd  Congress,  32.2  per  cent  of  new 
members;  6jd  Congress,  34.3  per  cent;  64th  Congress,  27.4 
per  cent. 

[too] 


THE  FEDERAL  LEGISLATURE 

States,  with  more  than  double  the  membership, 

ie  were  only  seven  such  instances  of  long- 

mmed    service.     These    figures    reveal    the 

strength  of  the  Swiss  voters'  objection  to  the 

i pic  of  rotation  in  office. 

two  branches  of  the  Swiss  national  legis-  TW 
lature  are  impressively  housed  in  the  domed 
-t.il  sruuture  of  the  federal  capitol  at  Bern. 
In  tlu-  lar^r  wings  to  the  east  and  west  are  located 
the  federal  library  and  several  of  the  executive 
departments.  The  seating  arrangement  in  both 
houses  if  semicircular,  as  in  continental  parlia- 
ments generally.  There  is  perhaps  a  little  too 
much  ornamentation  in  the  chamber  of  the 
uil  of  States,  which  makes  it  appear  even 
more  diminutive  than  it  is,  —  a  veritable  toy 
house  among  sovereign  legislatures.  The  cham- 
ber of  the  National  Council  is  more  severe  and 
restrained  in  appearance,  but  it  boasts  Giron's 
splendid  fresco  of  Lake  Luzern,  "The  Cradle  of 
the  Confederation."  From  the  windows  of  the 
National  Council  and  the  terrace  below  one  looks 
out  over  the  deep  and  narrow  gorge  of  the  Aare 
to  the  snowy  summits  of  the  Bernese  Oberland 
forty  milrs  away,  —  to  the  left  the  sharp  peaks 
of  the  Grosser  Schreckhorn  and  Finsteraarhorn 
and  in  the  center  the  mighty  massif  of  the  Eiger, 
Monch,  and  Jungfrau,  —  surely  the  most  magnifi- 
cent prospect  commanded  by  any  of  the  world's 
capitols. 

[101] 


GOVERNMENT  OF  SWITZERLAND 


SELECTED  BIBLIOGRAPHY 

ADAMS,  F.  0.,  and  CUNNINGHAM,  C.  D.  "The  Swiss  Con- 
federation," I'M.  Ill  (The  Federal  Assembly). 

LOWELL,  A.  L.  "Governments  and  Parties  in  Continental 
Europe,"  Vol.  II,  Ch.  XI  (Switzerland:  Institutions). 

MOSES,  B.  "The  Federal  Government  of  Switzerland," 
Ch.  IV  (The  Legislature). 

OGG,  F.  A.  "The  Governments  of  Europe,"  Ch.  XXIII, 
2  (Legislation,  The  Federal  Assembly). 

VINCENT,  J.  M.  "Government  in  Switzerland,"  Ch.  XIII 
(Federal  Legislation). 


[102] 


CHAPTER  V 

FEDERAL    GOVERNMENT    BY    COMMIS- 
SION:    THE     8WI88     EXECUTIVE 

APART  from  the  adoption  of  the  federal 
principle,  the  greatest  achievement  of 
the  fathers  of  the  present  Swiss  constitution  was 
the  creation  of_a  separate,  permanent,  and 
powerful  executive.  A  legislative  body  bad  long 
existed  in  the  form  of  a  diet,  but  with  the  excep- 
tion of  the  period  of  French  domination  the  only 
central  executive  authorities  were  cantonal  offi- 
appointed  for  brief  periods  to  carry  the 
additiopal  burden  of  national  affairs.  Not  only 
were  these  officials  frequently  changed,  but 
\sith  each  such  change  there  was  a  shift  of  "Vor- 
orte,M  or  capit.il  cities.  To  this  weak,  unspecial- 
ized,  peripatetic  system  there  succeeded  in  1848 
a  strong,  distinct  executive  commission,  known 
as  the  Bundesrat  or  Federal  Council,  located 
permanently  at  Bern.  Of  all  Swiss  institutions 
the  executive  body  thus  established  is  the  most 
peculiar.  It  has  nothing  in  common  with  the 
German  governmental  organ  of  the  same  name, 
and  it  dii  irply  in  type  from  the  cabinets 

of  other  European  countries  and  the  United 
States.  In  spite  of  these  peculiarities,  however, 
the  Swiss  Federal  Council  has  continued  to  this 

[103] 


com- 


GOVERNMENT  OF  SWITZERLAND 

day  with  few  changes  of  form  ami  considerable 
accessions  of  power. 

Imbued  as  they  were  with  a  deep  aversion  to 
anything  savoring  of  monarchy,  it  is  not  strange 

mission  that  the  constitution  makers  of  1848  decided  in 
favor  of  an  executive  commission  instead  of  a 
single  president  as  in  the  United  States.  Prior 
to  that  time,  moreover,  the  cantonal  executives 
familiar  to  the  Swiss  were  collegiate  in  character, 
as  indeed  they  are  still.  The  number  of  members 
of  the  Federal  Council  is  fixed  by  the  constitution 
at  seven.  They  are  chosen  by  the  Federal 
Assembly;  that  is,  by  a  joint  session  of  the 
Council  of  States  and  the  National  Council 
immediately  after  the  latter  has  been  recon- 
stituted by  a  general  election.  The  term  of 
members  of  the  Federal  Council  is  fixed  at  three 
years,  to  coincide  with  that  of  the  National 
Council.  Vacancies  occurring  in  the  Federal 
Council  are  also  filled  by  the  Federal  Assembly 
for  the  remainder  of  the  unexpired  term. 

Eligibility  According  to  the  constitution  any  Swiss 
citizen  eligible  to  the  National  Council  may  be 
elected  a  member  of  the  Federal  Council.  Not 
more  than  one  member,  however,  can  be  elected 
from  the  same  canton.  To  these  extremely 
brief  and  easygoing  provisions  of  the  constitution 
a  further  restriction  has  been  added  by  law: 
"Persons  related  by  blood  or  marriage  without 
limit  in  the  direct  line  and  up  to  and  including 
the  fourth  degree  in  the  collateral  line,  husbands 
[  104] 


FEDERAL  GOVERNMENT  BY  COMMISSION 

who  have  married  sisters,  and  also  persons  con- 
red  by  adoption,  may  not  at  the  same  time 
be  members  of  the  Federal  Cour  \Vho- 

i  enters  by  marriage  into  any  such  relationship 
cby   gives    up    his    office." '     This   ironclad 
rule,  «>!"  sshich,  by  the  way,  there  arc  a  number 
of  counterparts  in  Swiss  public  law,  is  redolent 
he  old  hatred  of  the  close  oligarchies  of  earlier 
days. 

More  important  in  practice  than  these  con- 
ul  and  legal  rules  are  certain  customs 
that  have  grown  up  in  connection  with  the  choice 
of  the  Federal  Council.  Although  not  required 
by  the  constitution,  it  is  the  almost  invariable 
practice  to  select  members  of  the  executive 
commission  from  the  National  Council  and 
tin-  t 'mi  IK- 1 1  of  States.  For  a  considerable  period 
following  the  adoption  of  the  constitution  of 
1848,  members  of  the  latter  were  preferred  for 
promotion,  but  this  is  no  longer  the  case.  In  the 
Federal  Council  as  at  present  constituted,1  only 
two  of  the  members  were  advanced  from  the 
Council  of  States,  the  remaining  five  coming 
from  the  other  house.  By  tradition  also  the 
two  largest  cantons  —  Zurich  and  Bern  —  are 
considered  to  be  entitled  to  permanent  repre- 

1  R*ndtJieseti  ubtr  die  Organisation  dtr  Bundfrcrrw *!***{ 
of  March  26, 1914;  A.  S.  XXX,  292. 

cpting  M.  Guttav  Ador  (ten  Chapter  XII),  members 
of  the  recent  Bundetrat  were  elected  December  17,  1914, 
to  bold  office  from  January  i,  1915,  to  December  31,  1917. 

[•05] 


GOVERNMENT  OF  SWITZERLAND 

sentation  on  the  Federal  Council.     The  remaining 
seats  are  distributed  among  the  smaller  cantons, 
one  or  two  usually  going  to  those  in  which  French 
or  Italian  is  the  predominant  language. 
Term  Although  the  term  of  members  of  the  Federal 

Council  is  fixed  at  three  years,  there  is  nothing 
in  the  constitution  to  prevent  their  reelection. 
And,  indeed,  it  is  the  recognized  political  custom, 
to  which  there  have  been  only  two  exceptions, 
to  continue  members  in  office  as  long  as  they 
wish  to  serve.  When  vacancies  do  occur  by 
death  or  resignation,  they  are  generally  filled 
by  the  election  of  a  man  from  the  same  canton 
or  the  same  linguistic  division  of  Switzerland, 
and  also  from  the  same  political  party  unless 
it  has  declined  in  strength.  Under  these  cir- 
cumstances a  member  may  normally  expect  to 
serve  several  terms,  and  the  Federal  Council  as 
a  whole  is  always  certain  to  contain  men  of  ripe 
political  experience.  The  present  executive  com- 
mission is  exceptional  in  that  four  vacancies 
had  to  be  filled  in  1911  and  1912.  Of  its  mem- 
bers, however,  Herr  Eduard  Miiller  of  Bern  has 
served  continuously  for  twenty-one  years,  and 
Herr  Ludwig  Forrer  of  Zurich  for  thirteen  years. 
Terms  of  thirty-two,  twenty-seven,  and  twenty- 
five  years  are  on  record.  It  should  be  remem- 
bered that  Federal  Councilors  ordinarily  serve 
from  ten  to  fifteen  years  in  the  National  Council 
or  Council  of  States  before  being  advanced  to  the 
Bundesrat.  Moreover,  nearly  all  of  them  have 

[106] 


FEDERAL  GOVERNMENT  BY  COMMISSION 

been  members  of  their  cantonal  legislature,  or 
have   held   administrative  or  judicial   offices   in 

cantons. 

Each  year  the  Federal  Assembly  designates 
one  of  the  members  of  the  Federal  Council  to 
act  as  chairman  of  the  latter  body.1  As  such 
he  enjoys  the  title  of  Federal  President,  although 
apart  from  presiding  over  the  meetings  of  the 
Federal  Council  he  possesses  few  powers  of  any 
importance  that  are  not  shared  equally  by 
colleagues.  By  law  the  president  represents 
the  federation  at  home  and  abroad.1  He  has 
charge  of  the  conduct  of  the  business  of  the 
executive  commission  and  makes  a  preliminary 
examination  of  matters  presented  by  the  various 
departments  for  the  consideration  of  that  body 
as  a  whole.  The  president  also  inspects  the 
conduct  of  federal  administration  in  general, 
and  takes  care  that  matters  handed  over  to  the 
various  departments  are  duly  acted  upon.  The 
Federal  Council  may  authorize  the  president  to 
act  in  its  name  in  affairs  of  a  purely  formal  or 
unimportant  character.  In  urgent  cases  he 
may  be  empowered  by  the  Federal  Council 
to  take  action  in  the  name  of  the  latter,  with 
the  understanding,  however,  that  whatever  he 
does  must  be  submitted  later  to  the  Fed 

1  For  1918,  Dr.  Felix  Calender  of  Trins  was  choten  Federal 
President. 

1  Bundesgfset'-  uber  dit  Organisation  dft  Bundtsvfrwthumg 
of  March  ;6,  1914;  A.  S.  XXX,  291. 

[107] 


GOVERNMENT  OF  SWITZERLAND 

Council  for  its  approval.  It  will  be  observed 
that  nearly  all  the  functions  thus  conferred  by 
statute  upon  the  Swiss  Federal  President  are  in 
the  nature  of  services  which  he  can  perform  most 
conveniently  for  the  executive  commission,  rather 
than  powers  which  he  exercises  over  that  body. 
From  among  the  Federal  Councilors  a  vice 
president  is  chosen  at  the  same  time  and  in  the 
same  manner  as  the  Federal  President.1  During 
his  year  of  office  his  only  duty  as  vice  president 
is  to  take  the  place  of  the  president  when  the 
latter  is  absent  or  incapacitated.  As  members 
of  the  Federal  Council,  both  the  president  and 
the  vice  president  retain  the  headship  of  an 
administrative  department  while  occupying  these 
temporary  offices.  Although  not  required  by 
the  constitution,  it  is  the  custom  to  advance 
the  vice  president  of  one  year  to  the  presidency 
during  the  year  following.  As  a  natural  but 
rather  curious  result  of  this  custom,  there  is 
always  considerable  interest  in  Swiss  political 
circles  as  to  who  the  next  vice  president  is  to  be 
but  none  at  all  as  to  who  is  to  be  the  next  presi- 
dent. It  should  be  observed  that  the  consti- 
tution does  not  prohibit  absolutely  a  second  term 
as  Federal  President,  but  only  a  second  consecutive 
term.  As  a  matter  of  fact,  Federal  Councilors 
with  long  terms  of  service  have  been  honored 
thus  repeatedly.  One  of  the  present  Federal 

1  For  1918,  Dr.  Eduard  Muller  of  Nidau  was  elected  vice 
president. 

[108] 


FEDERAL  GOVERNMENT  BY  COMMISSION 

Councilors  has  been  president  three  times,  and 
another  twice.1 

the  custom  to  ridicule  the  office  of  president 
as  at  present  constituted  in  Switzerland.  One 
American  commentator  entitled  his  chapter  on 
this  subject:  "A  President  of  No  Great  Impor- 
tance." Considered  separately,  of  course,  the 
powers  of  the  office  are  so  slight  as  to  afford 
some  justification  for  this  attitude.  It  should 
be  remembered,  however,  that  the  Swiss  presi- 
dent is  at  the  same  time  a  member  of  the  Federal 
Council,  —  a  member,  moreover,  who  has  gained 
prestige  by  some  years  of  service  in  that  important 
capaut\.  He  is  also  a  party  leader  of  promi- 
nence and  as  such  enjoys  the  confidence  of  a 
numerous  following.  The  combination  of  his 
office  with  the  portfolio  of  foreign  affairs,  which 
has  been  customary  at  various  times  in  the 
past  and  became  the  practice  again  on  January 
i,  1918,  also  enhances  the  prestige  of  the  presi- 
dent. Even  when  these  two  offices  were  not 
united  it  was  his  function,  as  president  of  the 
Federal  Council,  to  receive  the  ambassadors  and 
ministers  of  foreign  states.1  In  the  same  capacity 
he  is  given  precedence  and  becomes  the  recipient 
of  the  highest  ceremonial  honors  at  national 

rr  Eduard  Mailer  was  president  in  1899,  1907,  and 
1913;  Hcrr  Ludwig  Forrcr  in  1906  and  1912. 

<-fs  of  state  of  foreign  powers  are  received  by  the 
Federal  Council  as  a  whole,  however.  Cf.  Lemperiere,  "Le 
Pouvoir  executif  en  Suisse,"  p.  358. 

[109] 


GOVERNMENT  OF  SWITZERLAND 

festivals  and  other  public  occasions.  While 
not  to  be  compared  for  an  instant  with  the 
presidency  of  the  United  States  so  far  as  actual 
power  is  concerned,  the  federal  presidency  of 
Switzerland  nevertheless  commands  considerable 
influence  and  is  the  most  distinguished  office 
open  to  political  striving  in  that  country.  As 
such  it  is  sought  after  as  the  crowning  reward 
of  a  long  career  of  public  service;  as  such  also 
it  commands  in  high  measure  the  respect  of  the 
Swiss  people  as  a  whole. 

By  a  provision  of  the  constitution  (Art.  97), 
members  of  the  Federal  Council  are  forbidden 
to  hold  any  other  office  either  in  the  service  of  the 
federation  or  of  a  canton,  or  to  engage  in  any 
other  pursuit  or  profession.  By  law  they  cannot 
even  permit  third  persons  to  carry  on  a  business 
for  them,  nor  can  they  act  as  directors  of  a 
business  corporation.1  They  receive  a  salary 
from  the  federal  treasury,  which  has  been  in- 
creased several  times  since  the  Federal  Council 
was  established,  but  which,  under  the  scale 
fixed  by  a  federal  resolution  in  1912,  amounts 
to  only  18,000  francs  annually.  The  Federal 
President  receives  an  additional  2000  francs 
annually. 

Power.          According  to  the  Swiss  constitution  (Art.  95), 
°f  *e        the   Federal   Council   is   "the  supreme  directive 

rJundesrat  .  .         , , 

and  executive  authority  of  the  confederation. 

1  Bundesgfsftz  uber  die  Organisation  der  Bundesverwaltung 
of  March  26,  1914;  A.  S.  XXX,  293. 

[no] 


FEDERAL  GOVERNMENT  BY  COMMISSION 

m  the  sweeping  wording  of  this  clause  one 
lit  infer  that  it  possessed  a  much  larger 
share  of  executive  discnrmn  than  is  the  case. 
Authorities  agree  that  the  Federal  Council  is 
exclusively  empowered  to  take  administrative 
action  in  all  cases  where  the  federal  constitution 
or  legislation  has  not  expressly  provided  other- 
wise. In  addition  to  the  sweeping  grant  of 
executive  power  quoted  above,  another  article 
of  the  constitution  (Art.  102)  presents  an  extended 
hst  of  specific  administrative  tasks  whuh  are 
confided  to  the  Federal  Council.  In  nearly  all 
particulars  this  detailed  statement  is  merely 
an  administrative  parallel  to  the  powers  of  the 
federal  legislature.1  It  will  be  recalled  that 
much  federal  legislation  is  intrusted  to  the 
cantons  for  enforcement.  While  the  Federal 
Council  is  thus  relieved  of  direct  responsibility 
for  the  execution  of  such  laws,  it  must  nevertheless 
supervise  the  action  of  the  cantonal  authorities 
in  administering  them.  For  its  whole  conduct 
of  business  the  executive  is  responsible  to  the 
federal  legislature.  It  must  render  detailed 
reports  of  all  its  transactions,  and  these  are 
iccted  to  the  most  thorough  scrutiny  and 
discussion  by  the  Federal  Assembly.  The  latter 
cannot  take  administrative  affairs  into  its  own 
hands,  but  it  may  and  frequently  does  issue 
binding  instructions  to  the  Federal  Council 
with  regard  to  such  matters. 

1  See  Chapter  IV. 

Tin] 


GOVERNMENT  OF  SWITZERLAND 

postulate*  Often  this  is  done  in  the  form  of  a  motion 
known  as  a  "postulate."  In  tone  these  postu- 
lates range  from  a  polite  request  to  a  curt  demand; 
in  subject  matter  from  the  most  important  to 
the  most  trivial  topics.1  All  together,  the  num- 
ber of  postulates  hanging  over  the  heads  of  the 
Federal  Councilors  at  any  one  time  must  be 
considerable,  and  the  two  houses  keep  a  calendar 
of  them  so  that  none  may  be  overlooked.  If 
a  motion  in  this  form  should  not  secure  results, 
the  Federal  Assembly  may  employ  the  more 
imperative  form  of  a  federal  resolution,  to  which 
the  executive  has  no  choice  but  to  yield  obedience. 
In  any  constitutional  issue  involving  the 
final  location  of  power,  decision  would  rest  with 
the  legislative  branch.  This  is  so  well  under- 
stood that  open  resistance  has  never  been  resorted 
to  by  the  Federal  Council,  nor  has  the  parliament 
ever  found  cause  that  would  justify  it  in  an 
effort  to  upset  the  executive.  From  the  purely 
constitutional  point  of  view,  therefore,  Dupriez 
was  quite  correct  in  his  assertion  that  in  Switzer- 
land "the  ministers  do  not  even  have  the  choice 

1  Postulates  are  employed  not  only  in  administrative  mat- 
ters, but  also  to  ask  the  Federal  Council  to  prepare  and  intro- 
duce bills  on  given  subjects.  A  typical  postulate  presented 
in  the  National  Council,  March  29,  1917  (but  overwhelmingly 
voted  down  by  that  body),  reads  as  follows:  "The  Federal 
Council  is  invited  to  take  no  step  of  any  sort  toward  peace, 
and  to  take  no  part  in  peace  negotiations  between  bellig- 
erents, without  notifying  the  Federal  Assembly  in  advance 
and  receiving  authorization  to  do  so  from  the  latter." 

[m] 


FEDERAL  GOVERNMENT  BY  COMMISSION 

between  submission  and  dismissal;   they  submit 
and  obey  with  good  grace- 

Although  constitutionally  the  Federal  Council 
is  subordinate  to  the  Federal  Assembly, 
practice  this  relationship  is  not  infrequently 
reversed.  Members  of  the  Federal  Council  enjoy 
a  great  influence  over  the  legislature,  pa: 
because  of  their  prestige  as  party  leaders,  partly 
because  of  the  experience  and  special  knowledge 
uhuh  they  are  able  to  gain  through  their  ofti 
position.  The  large  appointive  powers  of  the 
Federal  Council  and  its  influence  in  favor  of 
locating  public  works  in  one  canton  rather  than 
another  are  also  said  to  lead  to  a  certain  sub- 
servience on  the  part  of  legislators.'  Finally, 
because  of  its  small  size  and  compact  organi- 
zation the  Federal  Council  possesses  a  marked 
tactical  advantage  over  the  two  houses,  with  thi  ir 
more  numerous  membership  and  diffuse  organi- 
zation. In  the  opinion  of  one  of  the  greatest 
authorities  on  Swiss  politics,  "the  influence  of 
the  federal  executive  power  has  grown  during 
the  fifty  years  of  its  existence  to  such  a  degree 
as  to  make  of  it  the  preponderant  factor  in  the 
federal  state.  Upon  the  intelligence,  foresight, 
and  activity  manifested  by  the  Federal  Council 
in  our  politics,  internal  and  external,  has  de- 
cs Ministres  dans  let  principaux  Pays  d 'Europe  et 
d'Aroerique,"  II.  p.  181. 

PaOger,    "Handspiegel     far     NationaJrats-WiWer 
und  Nationalrats-Kandidatcn,"  p.  16. 


GOVERNMENT  OF  SWITZERLAND 

pended  above  everything  else  the  peaceful 
development  of  public  life  as  a  whole  in  the 
confederation  and  the  cantons."  l 

War  and  The  foregoing  paragraphs  represent  an  effort 
«ecuttre  to  Describe  t^ie  somewhat  involved  balance  of 
power  between  the  Swiss  legislative  and  executive 
as  it  existed  prior  to  August,  1914.  With  the 
outbreak  of  war  a  quick  and  sweeping  transfer 
of  authority  was  effected  by  the  passage  of  a 
federal  resolution  providing  in  part  that: 

"the  Federal  Assembly  confers  unlimited  power 
(unbescbrdnkte  Vollmacbti  upon  the  Federal  Council 
to  take  all  measures  necessary  to  the  security,  integ- 
rity, and  neutrality  of  Switzerland,  and  to  protect 
the  credit  and  economic  interests  of  the  country, 
especially  including  the  assurance  of  its  food  supply. 
For  this  purpose  the  Federal  Council  shall  possess 
unlimited  credit  to  meet  expenses.  It  is  especially 
authorized  to  conclude  all  necessary  loans.  The 
Federal  Council  shall  account  to  the  Federal  As- 
sembly at  its  next  session  with  regard  to  its  employ- 
ment of  the  unlimited  powers  hereby  conferred  upon 
it."  f 

It  is  too  early  to  attempt  to  estimate  the 
extent  to  which  the  relations  -of  legislative  and 
executive  in  Switzerland  have  been  affected  by 
this  resolution.  Undoubtedly  it  enabled  the 
Federal  Council  to  act  in  a  large  number  of  cases 
with  greater  decisiveness  and  speed.  But  for 
everything  that  it  does  it  must  ultimately  render 
account  to  the  legislature.  And  there  have 

1  Hilty,  quoted  by  Lemperiere,  op.  cit.,  p.  24. 

1  Bwtdesbescbluss  of  August  3,  1914,  A.  S.  XXX,  347. 

E"4] 


\L  GOVERNMENT  BY  COMMISSION 

been  many  evidences  of  the  jealousy  with  which 
the  two  houses  regard  the  exercise  of  the  powers 
which  they  themselves  granted  to  the  Federal 
Council.  It  seems  likely,  therefore,  that  the 
return  of  peace  will  witness  the  early  repeal  of 
the  "Vollm.Khr"  resolution. 

In  addition  to  its  numerous  administrative 
duties,  the  Federal  Council  is  intrusted  with 
legislative  functions  of  great  importance.  Its 
members  have  the  right  to  speak,  but  not  to  vote, 
in  both  houses  of  the  Federal  Assembly,  and  also 
the  right  to  make  motions  on  the  subject  under 
consideration.  They  are  subject  to  interpel- 
lation in  either  house,  but  the  process  is  on  the 
whole  more  akin  to  the  simple  question  as  em- 
ployed in  other  parliaments.  It  differs  from  the 
French  interpellation  in  that  it  is  not  closed  by 
a  motion  to  pass  to  the  order  of  the  day,  express- 
ing confidence  or  want  of  confidence.  A  general 
discussion  may  follow  only  if  the  house  so  decides.1 

The  Federal  Council  has  the  right  of  intro- 
ducing bills  into  the  Federal  Assembly.  As  a 
matter  of  fact  most  of  the  important  measures 
of  federal  legislation,  including  the  budget,  are 
drawn  up  by  the  Federal  Council,  either  upon 
>wn  motion  or  upon  request  by  the  houses. 
It  does  not,  however,  possess  the  veto  power. 
At  each  regular  session  of  the  legislature  the 
Federal  Council  submits  an  extremely  detailed 
account  of  its  administration,  together  with  a 

1  Lcmpcricrc,  op.  cii.,  p.  19;    Dupriez,  II,  232;    Lowell,  I, 

p.  ••*  [II5] 


GOVERNMENT  OF  SWITZERLAND 

statement  of  federal  receipts  and  expenditures. 
At  the  same  time  it  recommends  such  measures 
as  it  thinks  desirable  for  the  promotion  of  the 
common  welfare.  It  also  makes  special  reports 
at  any  time  upon  request  of  either  or  both  houses. 

Besides  these  broad  administrative  and  legis- 
lative functions,  the  Federal  Council  formerly 
possessed,  subject  to  appeal  to  the  Federal 
Assembly,  considerable  judicial  power  both  in 
constitutional  cases  and  in  the  field  of  adminis- 
trative law.  In  1893,  however,  its  power  in  the 
former  field  was  transferred  to  the  Federal 
Court.1  A  constitutional  amendment  adopted 
October  25,  1914,  provided  for  the  creation  of 
a  federal  administrative  and  disciplinary  court 
which  will  take  over  cases  of  this  character. 

In  addition  to  the  plenitude  of  purely  federal 
powers  conferred  upon  it,  the  executive  is  charged 
with  a  number  of  important  duties  which  bring 
it  into  direct  contact  with  cantonal  authorities. 
These  include  the  enforcement  of  the  guarantee 
of  cantonal  constitutions,  the  execution  of  com- 
promises or  arbitral  decisions  upon  disputes 
between  cantons,  the  examination  of  treaties 
entered  into  by  cantons,  the  examination  of 
such  cantonal  laws  and  ordinances  as  must 
be  submitted  for  its  approval,  and  the  exercise 
of  supervision  over  such  departments  of  the 
cantonal  administration  as  are  placed  under  its 
control.  In  case  of  the  breakdown  of  a  cantonal 
1  Bundesgesetz  of  March  22,  1893. 

[1.6] 


FEDERAL  GOVERNMENT  BY  COMMISSION 

government,    necessitating   federal    intervene 
by  far  the  greater  part  of  the  burden  of  restoring 
order  falls  upon  the  Federal  Council. 

Although  the  business  of  the  Federal  Council  84 
is  distributed  among  its  members  by  departments,  Jf 
this  distribution,  according  to  the  constitution  m 
(Art.  103),  is  solely  for  the  purpose  of  facilitating 
the  examination  and  dispatch  of  business.  De- 
cisions when  finally  arrived  at  emanate  from  the 
authority  of  the  Federal  Council  as  a  body. 
While  in  practice  there  are  numerous  exceptions 
to  this  principle,  it  is  important  to  note  the 
legal  rules  under  which  the  Swiss  executive 
;cs  on  its  collective  business.  The  con- 
stitution itself  stipulates  that  a  quorum  of  the 
Federal  Council  shall  consist  of  four  members 
(Art.  100).  It  is  customary  to  hold  two  regular 
meetings  a  week,  but  other  meetings  may  be 
called  if  pressure  of  business  makes  it  necessary. 
Members  may  not  be  absent  without  excuse.1 
The  president  may  give  leave  of  absence  for 
a  week,  but  for  longer  periods  the  consent  of  the 
Federal  Council  is  required.  Sessions  of  the 
executive  commission  are  secret.  Motions  are 
decided  by  a  viva  vocf  vote,  except  in  the  case 
of  appointments,  when  by  special  order  written 
ballots  may  be  used.  A  majority  of  those  voting 
decides,  but  to  be  effective  every  resolution  must 

1  This  and  the  following  rules  may  be  found  in  the  Bundtr~ 
gfsrti  «£rr  d\t  Organisation  dtr  BundtstfTwaltung  of  March 
26,  1914;  A.  S.  XXX,  292. 

[117] 


GOVERNMENT  OF  SWITZERLAND 

be  supported  by  at  least  three  members.  For 
the  reconsideration  of  a  motion  already  passed 
the  votes  of  four  members  are  necessary.  The 
president  votes  together  with  the  other  members, 
but  in  case  of  a  tie  his  vote  is  counted  double. 

Small  as  it  is,  the  Federal  Council  possesses 
committees  on  a  few  matters  of  special  impor- 
tance. Two  of  these  are  provided  for  by  law, 
one  on  Customs  Duties  and  Commercial  Treaties, 
the  other  on  Railroads,  —  each  being  composed 
of  the  heads  of  the  three  or  four  departments 
most  closely  concerned.  Other  committees  may 
be  appointed  if  the  Federal  Council  so  desires. 

At  the  beginning  of  every  year  (and  also  after 
a  vacancy  has  been  filled  by  a  supplementary 
election),  the  Federal  Council  appoints  each  of 
its  members  to  the  headship  of  one  of  the  ex- 
ecutive departments.  At  the  same  time  each 
member  is  named  substitute  chief  of  a  second 
department,  of  which  he  is  expected  to  take 
charge  in  case  his  colleague  at  the  head  of  it  is 
temporarily  incapacitated.  For  the  year  1916, 
departments  and  assignments  were  as  follows: 

SUBSTITUTE 
DEPARTMENT  CHIEF  HEAD 

Political  Hoffmann  Decoppet 

Interior  Calender  Muller 

Justice  and  Police  Muller  Calender 

Military  Decoppet  Hoffmann 

Finance  and  Customs  Motta  Schulthess 

National  Economy  Schulthess  Ferrer 

Posts  and  Railways  Ferrer  Motta 

[1.8] 


FEDERAL  GOVERNMENT  BY  COMMISSION 

The  titles  of  most  of  these  departments  are 
self-explanatory.  With  regard  to  the  rather 
vaguely  named  "political  department/'  however, 
Mould  be  stated  that  it  includes  not  only 
foreign  affairs,  but  also  a  number  of  domestic  con- 
cerns such  as  citizenship,  intercantonal  charity, 
federal  election  laws,  intercantonal  boundary 
lines,  and  emigration  laws.  There  is  an  old 
controversy  as  to  the  assignment  of  this  post. 
Originally  it  was  given  to  the  president,  and 
thus  changed  hands  annually.  From  1887  to 
1895,  and  again  from  1914  to  1917,  the  same 
head  of  the  political  department  was  continued 
from  year  to  year  regardless  of  the  changes  in 
the  presidency.  This  system  not  only  gave 
greater  continuity  to  the  conduct  of  foreign 
affairs,  but  also  avoided  an  annual  shake-up 
in  the  assignment  of  other  departments.  Federal 
Councilors  were  thus  enabled  to  acquire  an 
extended  experience  and  become  specialists  each 
in  his  own  line.  Precisely  on  these  grounds, 
however,  the  system  of  a  continuous  control 
of  the  political  department  was  attacked.  It 
was  urged  that  a  specialist  dealing  permanently 
with  foreign  affairs  might  be  tempted  to  act  on 
his  own  account  and  to  disregard  his  constitu- 
tional duty  of  consulting  the  Federal  Council 
as  a  whole.  In  1917,  this  objection  received  a 
sensational  illustration  in  the  Grimm-Hoffmann 
affair.1  As  a  result,  a  return  to  the  system  of 
1  See  Chapter  XII. 


GOVERNMENT  OF  SWITZERLAND 

annual  changes  in  the  headship  of  the  political 
department  has  been  ordered.1 

With  regard  to  other  departments,  it  is  inter- 
esting to  note  that  the  portfolio  of  the  interior 
includes,  in  addition  to  the  usual  duties  coming 
under  this  heading,  important  bureaus  dealing 
\\ith  public  works  and  engineering  inspection. 
An  interesting  bureau  of  the  department  of 
justice  and  police  is  devoted  to  the  protection 
of  intellectual  property  such  as  patents,  trade- 
marks, industrial  models,  copyrights;  also  to  the 
drafting  of  treaties  with  foreign  countries  on 
these  subjects.  In  the  department  of  finance 
and  customs  one  of  the  bureaus  is  charged  with 
the  alcohol  monopoly,  and  another  with  the 
statistical  service  of  the  country.  The  depart- 
ment of  national  economy  is  divided  into  bureaus 
of  industry  and  trade,  social  insurance,  health, 
agriculture,  and  a  veterinary  office. 

The  The  Federal  Council  makes  all  appointments 

appointive  jn  tne  national  service  with  the  exception  of  those 
offices  which  are  intrusted  by  law  to  the  Federal 
Assembly,  the  Federal  Court,  or  other  authorities. 
Under  the  last-mentioned  heading  there  were 
few  positions,  until  the  railroads  of  the  country 
were  taken  over  by  the  state  and  placed  under 

1  Bundesbescbluss  of  June  26,  1917,  which  took  effect 
January  I,  1918.  By  special  arrangement,  M.  Ador,  who 
was  elected  to  fill  the  vacancy  caused  by  Herr  Hoffmann's 
resignation,  acted  as  head  of  the  political  department  until 
that  time. 


FEDERAL  GOVERNMENT  BY  COMMISSION 

specific  administrative  authorities.  Owing  to 
I  of  depending  on  the  cantons  to 
execute  many  federal  laws,  the  executive  per- 
sonnel of  the  Swiss  central  government  is  not  so 
large  even  in  proportion  as  that  of  most  other 
governments.  Nevertheless,  the  appointive  power 
of  the  Federal  Council  is  considerable,  and  in 
its  exercise  large  discretion  is  permitted.  By 
law  civil  service  examinations  are  required  for 
telegraphers  and  higher-grade  postal  employees. 
Competitive  tests  are  usually  employed  also  in 
the  case  of  inferior  employees,  but  the  results 
are  not  binding  on  the  Federal  Council,  which 
may  regard  them  merely  as  evidence  bearing 
upon  the  qualifications  of  applicants.  In  spite 
of  this  somewhat  loose  procedure,  the  spoils 
system  is  virtually  unknown  in  Switzerland. 
Complaints  are  sometimes  heard  to  the  effect 
that  too  many  offices  in  the  central  bureaus  are 
given  to  German-speaking  citizens,  but  in  general 
I  conceded  that  the  Federal  Council  secures 
civil  servants  of  marked  ability  and  hom 
Salaries  are  so  low  and  duties  so  exacting  that 
they  would  frighten  off  even  the  typical  American 
office  seeker  if  he  existed  in  Switzerland,  wli 
happily  for  that  country,  does  not  seem  to  be 
the  case. 

Swiss  federal  employees  of  the  lower  ranks  are 
employed  without  fixing  definite  terms,  which  in 
practice  means  that  they  hold  office  during  good 
behavior.  Functionaries  of  higher  grade  are 


GOVERNMENT  OF  SWITZERLAND 

appointed  for  three-year  periods,  but  reappoint- 
ment  is  almost  certain  to  follow  upon  satisfactory 
service.  Discipline  is  maintained  by  means  of 
reprimands,  fines  not  exceeding  fifty  francs, 
and  suspension.  Incompetence  may  result  in 
dismissal  at  any  time,  but  the  accused  official 
must  first  be  heard  in  his  own  defense  and  after- 
wards supplied  with  a  statement  of  the  action 
taken  and  the  reasons  upon  which  it  was 
based.1 

Th«  Under  the  special  supervision  of  the  Federal 

Chancellor  Council,  but  not  a  part  of  it,  the  Swiss  con- 
stitution provides  for  a  Federal  Chancellory 
at  the  head  of  which  is  placed  an  official  known 
as  the  Chancellor  (Kanzlfr,  Chancflifr),  with  a 
salary  of  13,000  francs  annually.  Prior  to  1848, 
the  Chancellor  was  the  only  permanent  adminis- 
trative officer  of  the  confederation.  It  was  his 
duty  to  move  with  the  central  government  from 
one  capital  city  to  another,  carrying  along  with 
him  official  records  and  the  seal  of  state.  At 
present,  of  course,  his  office  is  located  perma- 
nently at  Bern.  The  Chancellor  is  chosen  by 
the  Federal  Assembly  at  the  same  time  and  for 
the  same  term  as  the  Federal  Council. 

Historically,  and  also  in  other  countries  at 
the  present  time,  the  title  of  Chancellor  is  asso- 
ciated with  such  magnificent  honors  and  sub- 
stantial functions  that  one  must  take  care  not 
to  overemphasize  the  importance  of  the  Swiss 

1  Dupriez,  op.  cit.t  II,  236-239. 
[122] 


FEDERAL  GOVERNMENT  BY  COMMISSION 

official  of  this  name.  As  a  matter  of  fact,  his 
functions  are  similar  in  a  general  way  to  those  of 
tin  sivutary  of  state  of  an  American  »t 
and  his  political  significance  is  certainly  no 
greater.  Briefly,  it  is  the  duty  of  the  Chancellor, 
as  stated  in  the  constitution,  to  act  as  secretary 
of  the  executive  commission  and  also  of  the 
legislative  branch  of  the  government.  Although, 
at  we  have  seen,  his  office  is  under  the  "spei 
supervision  of  the  Federal  Council,  it  is  also  in 
part  the  servant  of  each  of  the  two  houses  and 
under  their  supervision  as  well.  Among  the 
detailed  duties  of  the  Chancellor  as  stated  in 
the  organization  law,1  are  included  much  steno- 
graphic work;  the  work  of  translation,  publi- 
<>n,  and  custody  of  printed  documents;  the 
organization  of  federal  elections  and  of  initiative 
and  referendum  votes,  and  the  reception  and 
publication  of  the  results;  etc.,  etc.  Laws, 
federal  resolutions,  resolutions  of  the  Federal 
Council,  and  certain  other  official  orders  require 
the  signature  of  the  Chancellor,  and  also  of  the 
Federal  President,  but  merely  as  an  attestation 
of  their  genuineness.  Neither  official  can  with- 
hold assent  to  any  legal  enactment. 

Some  of  the  peculiarities  of  the  Swiss  Federal 
Council  as  compared  with  the  cabinets  of  other 
countries  have  already  appeared  in  the  foregoing 
account  of  its  structure  and  functions.  It  may 
be  desirable  at  this  point  to  note  them  more  in 
»  Law  of  March  26,  1914;  A.  S.  XXX,  296. 

[US] 


GOVERNMENT  OF  SWITZERLAND 

detail.1  In  the  first  place,  the  Federal  Council 
does  not  stand  simply  as  the  representative  of 
some  other  executive  authority  in  the  state. 
The  powers  which  it  possesses  are  its  own,  con- 
ferred upon  it  by  the  constitution,  not  powers 
which  it  exercises  on  behalf  of  a  monarch  or  a 
president.  Secondly,  the  Swiss  executive  com- 
mission has  no  prime  minister.  The  president's 
special  powers  are  neither  sufficient,  nor  were 
they  meant,  to  confer  any  such  preponderance 
upon  him.  He  is  simply  primus  initr  pares. 

More  important  than  either  of  the  foregoing, 
nowever»  *s  the  ^^d  peculiarity  of  the  Federal 
majority  Council;  namely,  that  it  is  not  based  upon  a 
party  majority  in  the  legislative  bodies.  As  a 
result  of  the  traditional  practice  of  returning 
for  term  after  term  Federal  Councilors  who 
wish  to  continue  in  service,  it  has  happened  that 
the  strength  of  the  various  parties  in  the  Federal 
Council  has  not  corresponded  to  their  strength 
in  the  legislature.  In  1888,  for  example,  the 
Liberal  Center  still  held  three  seats  in  the  execu- 
tive commission,  although  in  the  houses  this 
party  had  shrunk  to  a  small  group.  Yet  the 
Radical  majority  waited  until  vacancies  caused 
by  resignation  or  death  enabled  it  to  increase 
the  number  of  its  adherents  in  the  Federal 
Council. 

Further,  the  members  of  the  Federal  Council 

1  Cf.   Dupriez,   II,   201;    Vincent,   pp.   215-218;    Adams 
and  Cunningham,  pp.  58-60. 


FEDERAL  GOVERNMENT  BY  COMMISSION 

are  elected  not  only  from  different  party  groups 
but  from  party  groups  fundamentally  opposed 
to  each  other.  Coalition  ministries  have  fre- 
quently been  form<  her  countries  which 
ha\  or  more  national  parties,  but  in 
.ill  such  cases  the  parties  which  com- 
bined to  support  the  cabinet  did  so  largely  in 
order  to  keep  a  common  enemy  out  of  power. 
It  is  also  true  that  under  the  stress  of  world 
war  various  other  European  countries  have 
established  coalition  ministries  taking  in  all 
the  major  parties  represented  in  their  parlia- 
ments. The  point  of  special  interest  regarding 
the  Swiss  practice  is  that  under  normal 
cumstances,  and  for  so  long  a  period  now  that 
it  has  become  traditional,  the  executive  com- 
mon has  contained  representatives  of  all  the 
principal  party  groups  in  the  legislature,  includ- 
ing those  which  are  opposed  to  the  general  drift 
of  the  majority  governmental  policy.1 

The  customary  objection  to  a  coalition  ministry 
.it  while  it  might  secure  peace  in  the  parlia- 
ment, it  would  do  so  at  the  cost  of  dissension  in 
the  cabinet.     And,  in  spite  of  a  generally  good 
tsprit  df  corps,  it  is  admitted  that  there  have 

1  In  1891,  for  the  first  time,  a  Catholic  Conservative 
was  elected  to  the  Bundesrat  by  a  Federal  Assembly  in 
which  the  Radicals  were  dominant.  Cf.  Dupriez,  II,  187. 
On  a  strictly  proportional  basis  the  strength  of  the  Socialists 
in  the  legislature  is  not  yet  sufficient  to  justify  them  in 
out  of  the  seven  scats  in  the  Federal  Council. 


GOVERNMENT  OF  SWITZERLAND 

been  quite  sharp  differences  of  opinion  within 
the  Swiss  executive,  although  not  more  often, 
apparently,  than  in  the  case  of  cabinets  in  other 
countries  recruited  from  a  single  party.  Usu- 
ally further  conference  and  compromise  have 
smoothed  out  the  controversies  in  the  Federal 
Council.  However,  its  members  are  under  no 
compulsion  to  agree,  and  at  rare  intervals  the 
Swiss  houses  are  treated  to  the  spectacle  of  an 
executive  councilor  rising  to  oppose  the  argument 
which  has  just  been  made  by  one  of  his  colleagues. 
As  soon  as  the  Federal  Assembly  reaches  a 
decision  in  the  matter  at  issue,  the  Federal 
Council  bows  to  the  legislative  will.  If  unity  is 
not  attained  within,  it  is  thus  enforced  from 
without  the  executive  commission.  Nor  does 
any  personal  ill  feeling  ever  seem  to  result  from 
these  open  clashes  between  its  members. 

A  fourth  peculiarity  of  the  Swiss  cabinet, 
at  least  prior  to  the  passage  of  the  Vollmacht 
resolution,  was  its  extreme  dependence  upon  the 
legislative  branch.  Moreover,  this  dependence 
was  due  not  simply  to  the  play  of  political  forces 
or  to  tradition,  but  to  constitutional  texts  which 
restrain  ministerial  freedom  of  action  more 
closely  than  in  any  other  country.  The  Bun- 
desrat  cannot  dissolve  the  legislature  and  appeal 
to  the  electorate  for  a  decision  in  its  own  favor. 
On  the  other  hand,  it  is  worth  noting,  although 
it  does  not  greatly  affect  the  balance  of  power 
between  them,  that  the  legislative  branch  cannot 


FEDERAL  GOVERNMENT  BY  COMMISSION 

dismiss  the  executive  councilors  out  of  h.. 
It  is  true  rhat  under  an  old  statute  passed  in 
1850,'  the  latter  are  held  responsible,  civilly 
and  criminally,  for  their  acts.  An  elaborate 
process  is  provided  to  hold  them  to  this  responsi- 
bility, involving  action  by  both  houses  and  by 
the  Federal  Court.  So  far,  however,  no  occasion 
has  arisen  for  the  employment  of  the  act  of  1850. 
Moreover,  members  of  the  Federal  Council  are 
not  expected  to  resign  because  a  bill  introduced 
by  them,  however  important  it  may  be,  has 
failed  of  passage  in  the  Federal  Assembly  or  has 
been  rejected  by  the  people  at  a  referendum 
vote.  They  simply  drop  the  matter,  or  remodel 
the  bill  to  meet  the  criticism  which  has  caused 
its  defeat. 

Advocates  of  government  by  commission  usu-  BOW 
ally  praise  it  on  the  ground  that  it  avoids  one- 
man  power  and  places  collective  wisdom  behind 
administrative  action.  Those  who  are  most  JjJJj 
familiar  with  the  intimate  workings  of  com- 
missions, whether  in  the  national  or  local  sphere, 
are  inclined  to  suspect  that  this  argument  is 
based  more  upon  appearance  than  reality.  Cer- 
tainly no  executive  commission  in  the  world  is 
more  strongly  enjoined  by  legal  texts  to  act 
collectively  than  is  the  Swiss  Federal  Council. 
Yet  in  the  opinion  of  one  of  its  most  acute  observ- 
ers, "out  of  every  hundred  matters  submitted 
[to  it],  not  more  than  one  meets  with  objections. 
1  Law  of  December  9,  1850. 


GOVERNMENT  OF  SWITZERLAND 

However,  when  a  discussion  once  breaks  loose 
it  nearly  always  takes  on  serious  proportions."  l 
So  great  is  the  burden  of  work  imposed  upon 
the  Federal  Council  that  it  could  not  well  act 
otherwise.  Particularly  is  this  true  during  legis- 
lative sessions,  when  in  addition  to  their  regular 
administrative  duties  the  members  are  over- 
whelmed with  official  visits,  and  with  attendance 
upon  sessions  of  the  two  houses,  of  various 
legislative  committees,  and  of  the  Federal  Council 
itself.  Under  the  circumstances,  the  Federal 
Council  simply  abdicates  in  part  its  collective 
duties,  leaving  many  important  matters  in  the 
hands  of  its  individual  members.  And  the 
latter  are  themselves  forced  to  rely  more  and 
more  upon  their  bureau  chiefs,  who,  of  course, 
owe  no  direct  responsibility  to  the  legislature. 
Remediet  Under  the  stress  of  war  this  situation  imme- 
diately grew  intolerable.  As  a  result  an  amend- 
ment to  the  constitution  was  adopted,  October 
25,  1914,  which  provides  that  definite  matters 
of  business  may  by  federal  legislation  be  trans- 
ferred for  action  to  the  various  departments  or 
to  subordinate  authorities  within  the  depart- 
ments, care  being  taken  in  such  cases,  however, 
to  preserve  the  right  of  appeal  to  an  adminis- 
trative court.*  Less  than  a  month  afterwards, 
the  Federal  Council  adopted  an  exhaustive 
resolution  which  defines  in  great  detail  those 

1  Dupriez,  II,  195. 

*  Revising  Art.  103;  A.  S.  XXX,  659. 


FEDERAL  GOVERNMENT  BY  COMMISSION 

matters  of  business  which  may  be  attended  to 
,'in.l.nrly  by  departments  or  subordinate 
.ils.1 

For  a  chronic  condition  of  overwork  the  most 
obvious  remedy  is  an  increase  of  the  working 
force.  Long  before  the  outbreak  of  the  present 
war,  proposals  were  made  to  raise  the  number  of 
Federal  Councilors  to  nine.  With  an  increase 
of  the  latter  number,  the  additional  advantage 
would  be  gainril  that  it  would  be  possible  to 
assign  one  seat  permanently  to  the  Italian- 
speaking,  and  two  seats  to  the  French-speaking, 
sections  of  Switzerland.  Although  the  Federal 
Council  has  remained  fixed  at  seven  members 
ever  since  its  creation,  there  is  manifestly  nothing 
sacred  in  that  number.1  However,  any  increase 
in  its  size  would  mean  a  decrease  in  compactness 
and  effectiveness,  particularly  for  collective  work. 
As  part  of  a  constitutional  amendment  brought 
forward  by  initiative  petition  in  1900,  it  was 
proposed  to  add  two  additional  members  to  the 
Federal  Council,  but  the  whole  amendment  was 
overwhelmingly  defeated  by  popular  vote  on 
November  4  of  that  year.  Under  the  growing 
pressure  of  war  burdens,  however,  the  Federal 
Council  itself  decided  on  May  n,  1917,  to  sub- 


1  BnndttratsbfscblHss  of  November  17.  1914;   A.  S 
6oa.    This  resolution  is  thirty-eight  pages  in  length. 

I  clever  discussion  of  "  Die  heilige  Zahl," 
pp.  102-108  of  his  "  Im  Bundesrauhaus." 


GOVERNMENT  OF  SWITZERLAND 

mit  to  the  legislative  houses  an  amendment  to 
the  constitution  increasing  its  membership  from 
seven  to  nine.  By  the  resolution  of  June  26  of 
that  year  it  transferred  to  the  Department 
of  National  Economy  the  commercial  division 
of  the  Political  Department,  thereby  consider- 
ably reducing  the  burdens  of  its  hardest-worked 
department. 

Election         Among  other  reforms  election  of  the  Federal 

Federal      Council  by  popular  vote,  instead  of  by  the  Federal 

council      Assembly    as    at    present,    has    been    advocated 

by&uUr      frequently     in      Switzerland.     The     democratic 

Tote          groups  which  favor  this  change  believe  that  it 

pf°posed    would    arouse   more   interest   in    federal    politics 

than    the    election    of    legislators    by    districts, 

which,    with    the    exception    of    initiative    and 

referendum    votes,    are    the    only    opportunities 

now  afforded  the  people  to  express  themselves 

upon    national    issues.     Advocates    of    popular 

election  also  point  out  that  Federal  Councilors 

who  owed  their  mandates  directly  to  the  people 

could  be  expected  to  develop  more  independence 

in  their  relations  with  the  all-powerful  legislature. 

Partisans    of    the    existing    system    oppose    the 

change  for   precisely  the  same   reasons,   fearing 

clashes    and    deadlocks    between    the    executive 

and    legislative    branches.     Further,    they    deny 

that  men  of  the  requisite  administrative  ability 

could  be  obtained  by  direct  popular  vote.     On 

November  4,   1900,  the  issue  was  presented  to 

the   people   by   an   initiative   petition,   but   was 

C'30] 


FEDERAL  GOVERNMENT  BY  COMMISSION 

voted  down  by  a  large  m.  Nine  years 

later  a  similar  proposal  came  up  in  the  Fed 
Assembly,  but  was  rejected  by  both  houses. 

More  fundamental  than  any  of  the  foregoing 
suggestions  for  the  reform  of  the  Federal  i 
is  the  proposal  that  Switzerland  should   adopt 
in    institution  of  a  single  president, 
elected  by  and  responsible  to  the  whole  people. 
While  this  idea  has  not  as  yet  invaded  the  realm 
of  practical   politus,    it    has   attracted   attention 
among  scientific  students  of  Swiss   institutions. 
One  of  the  most  eminent  of  these  believes  that 
:«•!••!  MI  would  result  "in  a  more  cordial  union 
between   the  citizens  of  different   parts  of  the 
country;   in  better-defined  and  more  independent 
relations  of  the  public  powers  among  themselves; 
in  a  more  intimate  solidarity  between  the  author- 
and    those    whom    they    represent;"     and 
finally  "in  a  regime  less  anonymous,  less  elusive, 
less   bureaucratic."  *    There  is    an  obvious   dis- 
rion    between   mere   administration    and   the 
executive    function,     properly    conceived.     Exe- 
cution   involves    a    broad    view   of  the    political 

1  The  election  of  the  Federal  Council  was  to  cake  place 
ut  reference  to  cantonal  lines,  —  that  is,  the  whole 
country  counted  as  a  single  election  district.  At  the  first 
ballot  an  absolute  majority  was  necessary  for  success.  If 
under  this  condition  any  places  remained  unfilled,  a  second 
ballot  was  to  be  taken,  at  which  a  plurality  sufficed.  Candi- 
dates who  had  not  presented  themselves  at  the  first  ballot 

re  to  do  so  at  the  second. 
*  Rappard,  "Notre  Grande  Republique  Scrur,"  p.  38. 

[131] 


GOVERNMENT  OF  SWITZERLAND 

situation  as  a  whole,  unified  control  of  all  govern- 
mental powers  of  action,  and  their  prompt 
coordination  to  a  single  end.  The  Swiss  form 
of  organization  may  have  every  administrative 
virtue,  but  can  it  function  executively  in  the 
broad  sense  of  the  word?  Of  course  if  Switzer- 
land accepted  this  plan,  it  would  involve  the 
reduction  of  the  Federal  Council  to  the  position 
of  the  American  cabinet,  its  members  becoming 
the  appointees  of  the  president  and  responsible 
directly  to  him. 

Efficiency  Apart  from  all  criticisms  and  suggestions  for 
Bi^detmt  ref°rm»  however,  it  is  generally  conceded  that  the 
Swiss  executive  has  developed  high  efficiency 
within  the  limits  of  its  powers  and  opportunities. 
In  the  opinion  of  two  well-known  English  stu- 
dents, "the  members  of  the  Federal  Council 
yield  to  no  other  government  in  Europe  in 
devotion  to  their  country,  in  incessant  hard  work 
for  a  poor  salary,  and  in  thorough  honesty  and 
incorruptibility.  A  diplomatist  who  knew  them 
well  and  appreciated  their  good  qualities,  aptly 
remarked  that  they  reminded  him  of  a  character- 
istic industry  of  their  own  country  —  that  of 
watch-making.  For,  having  to  deal  with  very 
minute  and  intricate  affairs,  their  attention  is 
unremittingly  engaged  by  the  most  delicate 
mechanism  of  government,  by  the  wheels  within 
wheels  of  federal  and  cantonal  attributes,  by 
the  most  careful  balancing  of  relations  between 
contending  sects  and  churches,  and  by  endeavors 

[•32] 


FEDERAL  GOVERNMENT  BY  COMMISSION 

to    preserve    the    proper    counterpoise    between 
two  \\    and   German),   not   to   say    three 

(the  third  being  Italian)  nationalities."  ' 

SELECTED  BIBLIOGRAPHY 

ADAMS,  F.  O,  tod  CUNNINGHAM,  C.  D.    "The  Swiss  Cbn- 

ration."  Ch.  IV  (The  Federal  Council). 
Fount i,  L.    "The  SWIM   President  Chautauq. 

Vol.  68,  pp.  261-282  (November,  1912). 
Low  ILL,  A.  L.     "Government  i  and  Parties  in  Continental 
Vol.    II,    «  ,  p.    193-208   (The   F- 

Council). 
MACY,    J.,    and    GANNAWAY,    J.    W.    "Comparative    Free 

Gov  I  III,  pp.  622-626  (The  Exec 

Moses,  B.    "The  Federal  Government  of  Switzerland, 

V(The  Execur 

nrr,  J.   M.     "Government   in   Switzerland/'  Ch.  XVI 

(The  Federal  Executive). 

1  Adams  and  Cunningham,  "The  Swiss  Confederation," 

P.  5». 


C'33] 


CHAPTER  VI 

FEDERAL     LEGISLATION: 
INITIATIVE      AND      REFERENDUM 

Th.  SWIM  A  DESCRIPTION  of  the  legislative  and 
-/jL  executive  branches  of  the  federal  govern- 
ment by  no  means  exhausts  the  list  of  agencies 
which  cooperate  in  the  process  of  law-making. 
The  Swiss  people  also  have  a  part  to  play  through 
the  initiative  and  referendum,  and  they  have 
insisted  on  playing  it  so  often  and  with  such 
effect  that  they  are  sometimes  referred  to  as 
constituting  a  "third  house."  Switzerland's  ex- 
perience with  these  agencies  of  direct  popular 
rule  covers  a  longer  period  of  continuous  activity 
and  a  wider  field  of  legislation  than  that  of  any 
other  country.  To  Americans  this  experience  is 
of  exceptional  interest  because  the  movement 
which,  beginning  in  1898,  has  resulted  in  the 
rapid  extension  of  the  initiative  and  referendum 
to  so  many  of  our  state  and  local  governments, 
undoubtedly  owed  its  inspiration  to  Swiss  ex- 
ample. In  the  words  of  Professor  Rappard,  it 
was  a  "case  of  democratic  contagion."  1 

1  Annals  American  Academy,  43:110  (September,  1912). 
On  the  extension  of  the  initiative  and  referendum  in  the 
I'nited  States,  consult  A.  N.  Holcomb,  "State  Government 
in  the  United  States,"  Ch.  XIII. 

[134] 


FEDERAL  LEGISLATION 

Although  commonly  linked  together  in  popular 
speech,  the  initiative  and  referendum  are  not 
political  Siamese  twins.  Of  course  each  is  based 
upon  the  exercise  of  popular  power.  Logically, 
however,  the  two  are  easily  distinguishable,  and 
while  often  coexisting  in  practice  they  may  exist 
separately.  Reduced  to  its  lowest  terms,  the 
referendum  is  a  device  whereby  the  electorate 
may  veto  an  act  which  a  legislative  body  has 
already  passed.  Essentially  the  initiative  is  a 
device  whereby  the  electorate  may  enact  legisla- 
tion against  the  will  of  the  legislature.  The 
referendum  has  been  compared  to  a  shield  with 
h  the  people  wards  off  undesirable  legisla- 
.  the  initiative  to  a  sword  with  which  it 
the  way  for  the  enactment  of  its  own  ideas 
into  law."  In  its  effects  the  former  is  a  bit  in 
the  mouth,  the  latter  a  spur  in  the  flanks,  of  the 
legislative  steed. 

The  Swiss  federation  possesses  (I)  the  referen- 
dum  in  obligatory  form  —  that  is,  taking  effect 
\\ithout  petition — for  all  amendments  to  the 
constitution;  (II)  the  initiative  for  constitutional 
amendments  only,  upon  petition  of  50,000 
voters;  and  (III)  the  optional  or  facultative 
referendum  —  that  is,  taking  effect  upon  petition 
of  30,000  voters  or  of  eight  cantons,  applying  to 
the  more  important  acts  passed  by  the  national 
legislature. 


GOVERNMENT  OF  SWITZERLAND 

I.    Tbf  Obligatory  Constitutional  Referendum 

Ori«in  In  its  modern  form  the  constitutional  referen- 

dum was  first  employed   in   the  United   States, 

constitu- 

tionai        beginning  with  the  draft  submitted  to  the  people 
reieren-      ^     thc  Genera|  Court  of  Massachusetts  in  1778. 

dum 

From  America  it  passed  to  France,  and  from  the 
latter  country  to  Switzerland,  where  it  was  first 
used  in  connection  with  the  Act  of  Mediation 
(1803).  During  the  revolutionary  movement  of 
the  thirties,  several  cantons  adopted  this  principle. 
The  federal  constitution  of  1848  and  the  revision 
of  1874  were  both  submitted  to  popular  vote. 
By  a  constitutional  provision  introduced  into 
the  first  of  these  documents  and  continued  in  the 
second,  cantonal  constitutions  must  be  accepted 
by  the  people  in  order  to  receive  the  federal 
guarantee.1 

TOUI  and       The    federal    constitution    provides    for    both 
partul       total  and  partial  revision.     It  does  not,  however, 

revision 

distinguish  between  the  two,  nor  in  logic  is  such 
a  distinction  easy  to  make.  Total  revision  may 
be  brought  about  in  three  different  ways,  but  no 
action  of  this  sort  has  been  taken  since  i874.2 
Since  the  amendment  of  1891,  it  is  not  likely 
that  these  older  and  more  cumbersome  methods 
of  total  revision  will  be  employed  again.  Partial 
revision  may  take  place  in  two  ways,  so  that 

1  Const.  1848,  Art.  6,  lit.  c;   also  same  in  Const,  of  1874. 
1  Constitution  of  1874,  Arts.   118-123  incl.     Cf.  also  De- 
ploige,  "Referendum  in  Switzerland,"  pp.  128  ft  seq. 

C'36] 


FEDERAL  LEGISLATION 

all  together  there  are  five  different  methods  of 
amending  the  Swiss  federal  constitution.  Of 
hods  of  partial  amendment  one  is  by  the 
ft*  be  discussed  later.  The  other, 
\\hu-h  is  the  simplest  and  most  frequently  em- 
ployed of  all,  provides  for  the  passage  of  a  con- 
stitutional amendment  in  the  same  manner  as 
an  ordinary  federal  law;  namely,  by  vote  of 
the  two  houses  sitting  separately,  the  amendment 
to  take  effect,  however,  only  after  it  has  been 
approved  by  a  majority  of  Swiss  citizens  voting 
thereon  and  also  by  a  majority  of  cantons.  The 
vote  of  each  canton  is  determined  by  the  majority 
of  the  popular  vote  within  its  territory.  Half 
cantons  are  counted  separately  as  such;  hence  a 
total  cantonal  vote  of  n}  constitutes  a  major 

All  amendments  offered  to  the  Swiss  federal 
constitution  by  this  method  are  presented  in  the 
following  table,  together  with  the  popular  and 
cantonal  vote  thereon,  the  latter  being  printed 
in  boldface  type  immediately  beneath  the  former. 

During    the    forty-three    years    of   experience 

under     the     constitution     of     1874    twenty-one 

amendments  were  passed   by  the  Swiss  federal 

.ill  but  five  of  which  were  accepted 

upon  referendum  by  the  people  and  the  cantons. 

Only  two  amendments  were  added  to  the  con- 

ition  of  the  United  States  during  the  same 

period.    The  tendency  of  the  Swiss  people  to 

reject    amendments    proposed    by    the    national 

legislature   seems   to   be   growing  less.    During 


GOVERNMENT  OF  SWITZERLAND 


a 


5! 


[138] 


i  I 


s.  -is   1 

>_       ,_, 

I      -i      1 


1 


1 


f 

3 


1   '5 
I    6 


1      I     1 


i  •«  -a  -a 

x       5       *      .o       S       S 
W     £     M     (E     0*     flB 


=•= 
£^3 


\s>       O 


ill 


I 


FEDERAL  LEGISLATION 


<<<<*<<<< 


^3 


*  fa  Sa 


v 


J- 
J  j 


1 1 


-S    i  -8 

s  1  & 
s    i   .s 


.2.S 


L  I 


0.     0. 


X 

•3     -a 


x      >       >       > 

K  I  I  I  I 

f  f  f  t  f  ^  | 


—  ^ 

j  i 

x;  ^ 

»^  qT      *n      ^      vA      t> 

O  -       —       ••       •• 

9  ir    V    V    r    8 


V          X 

i  4  s 


2* 

[1393 


GOVERNMENT  OF  SWITZERLAND 

the  first  half  of  the  period  under  consideration 
(1874  to  1895  inclusive)  they  vetoed  four  out  of 
ten;    during  the  second   half  (1896  to  i<yi;    in- 
clusive), only  one  out  of  twelve. 
CUMI-  Classification  of  so  extended  a  list  of  legislative 

Pr°Jects  ls  not  easy-  1°  general,  however,  ir 
may  be  said  that  amendments  dealing  with 
economic  and  financial  subjects  were  more 
numerous  than  those  of  any  other  category. 
To  the  former  group  belong  the  three  patent 
amendments,  the  first  rejected  in  1882,  the 
second  and  third  accepted  in  1887  and  1905 
respectively;  the  provisions  for  the  establishment 
of  the  alcohol  monopoly,  accepted  in  1885;  of 
the  banknote  monopoly,  accepted  in  1891; 
and  of  the  match  monopoly,  rejected  in  1895; 
and  finally  the  forest  police  amendment,  accepted 
in  1897.  Since  the  outbreak  of  the  European 
war  two  other  amendments  of  this  character  have 
been  adopted:  one  authorizing  a  special  tempo- 
rary war  tax,  accepted  in  1915;  the  other  per- 
mitting the  federal  government  to  levy  stamp 
taxes,  accepted  in  1917. 

Second  in  number  only  to  the  foregoing  are 
the  measures  falling  within  the  closely  related 
field  of  social  economics.  These  include  work- 
men's insurance  against  sickness  and  accidents, 
accepted  in  1890;  the  trade  union  amendment, 
rejected  in  1894;  the  pure  food  amendment, 
accepted  in  1897;  the  provision  for  school  sub- 
ventions, accepted  in  1902;  uniform  federal 


FEDERAL  LEGISLATION 

il  legislation,  accepted  in  1908;    and  the 

tious  diseases  amen  n  1913. 

Three  amendments  t'.sll    \\iilnn   tin    group  of 

gov<  I  -nui  political  changes:  the  provision 

it  it-vision  of  the  constitution  by  in 
.  accepted  in  1891;  the  attempt  to  centralize 
!«-il   in    1895,   but  in  the 

form  of  a  statute  was  accepted  with  modifications 
by  tiu  optional  referendum  in  1907;  and  the 
amendment  distributing  the  business  of  the 
Federal  i  .md  creating  a  federal  administra- 

cepted  in  1914. 

Two  questions  prim.mlv  of  a  moral  character 
were  also  disposed  of  in  this  manner.  One  of 
these,  dealing  with  the  sale  of  liquor,  was  defeated 
in  1903;  the  other  revived  the  death  penalty, 
h  had  been  abolished  by  the  constitution  of 
1874.  Shortly  after  the  latter  date,  however,  a 
series  of  shocking  murders  so  aroused  the  people 
th.it  an  amendment  permitting  the  ^introduction 
of  capital  punishment  passed  both  houses  of  the 
Federal  Assembly  and  was  approved  in  1879, 
although  by  a  majority  of  less  than  20,000  votes. 
In  order  to  become  effective  this  action  required 
amendment,  in  the  same  manner,  of  the  various 
cantonal  constitutions.  As  such  action  has  been 
taken  by  a  sm.ill  number  of  cantons  only,  the 
death  penalty  still  remains  suspended  thron. 
out  the  greater  part  of  Switzerland.  It  should 
be  noted  that  the  amendment  of  1879,  restor- 
ing the  death  penalty,  expressly  provided  that 


GOVERNMENT  OF  SWITZERLAND 

it  should  not  be  pronounced  for  a  political  of- 
fense. Finally,  two  amendments  of  November 
13,  1898,  which  do  not  fall  readily  within  tin- 
above  classification,  have  proved  to  be  of  the 
utmost  practical  importance.  One  of  these 
provided  for  a  uniform  civil  code,  the  other  for 
a  uniform  criminal  code.1 


II.    Tbf  Constitutional  Initiative 

The  initiative  was  first  introduced  into  a 
number  of  cantonal  constitutions  following  the 
revolutionary  movement  of  the  thirties.  Al- 
though regarded  as  an  extremely  dangerous 
innovation  by  the  conservatives  of  that  era,  it 
made  such  a  favorable  impression  that  it  was 
incorporated  in  the  federal  constitution  of  1848. 
A  clause  in  the  same  instrument  imposed  it 
upon  the  cantons  by  making  it  an  essential  to 
the  guarantee  of  their  constitutions  by  the 
federation.2 

Reform          It  was  the  express  opinion  of  the  constituent 

toituure     asserr|bly  °f  l848  tnat  tne  initiative  should  apply 

i89i          to  partial   as  well   as  total   revisions.     In    1879, 

however,  when  a  petition  signed  by  over  50,000 

qualified  electors  praying  for  the  establishment 

of  a   bank-note   monopoly   was   handed   in,   the 

Federal  Assembly  refused  to  consider  the  matter 

in  this  form.     In  the  opinion  of  the  legislature 

the  right  of  the  people  extended  only  to  asking 

1  See  Chapter  VII.  »  Art.  6,  cl.  c. 

[142] 


FEDERAL  LEGISLATION 

a    revision    of   the    constitution    in    gen 
terms.    This    meant     that    every     attempt    to 
secure  by  inin.it i\r  an  amendm  n-  con- 

how  specific  and  narrow  its 
terms,  would  result  in  throwing  the  whole  d' 
ment  into  the  melting  pot.  Under  the  system 
i  existing,  moreover,  every  initumi  jut 
h  received  a  majority  upon  submission  to 
popular  vote  was  to  be  followed  by  the 
dissolution  of  the  two  houses  and  the  election  of 
a  new  legislature  for  the  purpose  of  undertak 
the  revision.  It  was  doubtless  in  order  to 
prevent  such  a  dissolution  that  the  Federal 
Assembly  of  1879  refused  to  act  upon  a  specific 
initi.it i vr  pc -tit MM.  Confronted  by  the  prospect 
of  so  much  unsettlement  in  order  to  secure  so 
small  an  amendment,  it  is  not  strange  that  the 
people  voted  unfavorably  (October  31,  1880) 
upon  the  proposal  to  proceed  with  the  initi.it 

But  as  a  result  of  the  somewhat  arbitrary  action 
of  the  legislature  in  this  matter,  an  agitation  was 
begun  for  the  establishment  of  the  initiative  in 
unequivocal  form.  In  1891  this  movement  was 
successful,  and  the  constitution  was  amended 
to  permit  partial  revision  upon  the  initiative  of 
50,000  voters  and  to  eliminate  the  necessity  of 
electing  a  new  legislature  in  such  cases.1  Peti- 

*  According  to  a  law  passed  January  17,  1892,  signatures 
to  initiative  petitions  must  be  collected  within  a  period  of 
six  months.  The  Federal  Assembly  is  given  a  year  to  decide 
whether  it  favors  a  proposal  brought  forward  in  this  way.  If 

C'43] 


GOVERNMENT  OF  SWITZERLAND 

tioners  may  now  present  their  request  either  in 
general  terms  or  in  the  form  of  a  completed  dr.il't. 
In  the  former  case,  if  the  proposal  meets  with 
the  support  of  the  legislature,  the  latter  formulates 
the  amendment  in  accordance  with  the  sense  of 
the  petitioners  and  submits  it  to  a  vote  of  the 
people  and  cantons.  If  the  Federal  Assembly 
disagrees  with  the  general  proposal  of  the  peti- 
tioners, it  may  submit  the  question  to  the  people. 
In  case  the  latter  upholds  the  petitioners,  the 
legislature  must  proceed  with  the  revision. 

When  the  petitioners  submit  a  formal  draft 
which  meets  the  approval  of  the  legislature,  the 
amendment  is  submitted  forthwith  to  a  vote  of 
the  people  and  cantons.  If  the  Federal  Assembly 
is  not  in  agreement  with  the  submitted  draft,  it 
may  recommend  its  rejection,  or  it  may  submit 
a  counter  proposition  at  the  same  time  that  the 
initiative  amendment  is  voted  upon  by  the 
people  and  cantons.  In  the  last  analysis,  there- 
fore, 50,000  Swiss  voters  may  compel  the  sub- 
mission to  popular  vote  of  any  constitutional 
amendment,  provided  it  be  in  the  form  of  a 
completed  draft.  All  that  an  unwilling  legisla- 
ture can  do  is  to  submit  a  counter  proposal  or 
advise  the  people  to  vote  down  the  initiative 
project.  When  one  recalls  the  great  length  of 

it  takes  no  action  within  the  year,  the  Federal  Council 
submits  the  proposal  to  the  vote  of  the  people.  However, 
no  time  limit  is  fixed  within  which  the  Federal  Assembly 
must  draft  a  measure  proposed  by  initiative. 

[144] 


Jf! 


FEDERAL  LEGISLATION 


J 


n« 


H  m          H 

i^       00         »/» 


j 


gm 


I  'il^i 

:  «     *  :  2          :  s  - 


8 

I 


I  I  I 


a  11 

1 1 II I  it f  f  I 


4 

& 

["'45] 


GOVERNMENT  OF  SWITZERLAND 

the  federal  constitution  and  the  extended  list  of 
topics  which  it  covers,  it  is  evident  that  tin- 
Swiss  initiative  in  its  present  easily  workable 
form  conveys  large  powers  of  constituent  legisla- 
tion to  the  people. 

In  the  preceding  table  are  presented  all  cases 
in  which  the  initiative  has  been  invoked  since 
the  constitutional  revision  of  1874. 

RMoit»  Out  of  ten  attempts  to  amend  the  constitution 
•tuined  by  t^e  initiative,  only  three  have  been  successful. 
mm*tive  This  is  in  sharp  contrast  with  the  fate  of  the 
amendments  fostered  by  the  legislature,  of 
which  seventeen  out  of  twenty-two  were  sustained 
upon  referendum.  In  the  latter  case,  of  course, 
the  presumption  is  that  the  proposed  change 
must  have  wide  popular  support,  as  otherwise 
the  two  houses  would  hardly  take  it  up.  An 
initiative  proposal,  on  the  other  hand,  is  under- 
taken precisely  because  the  legislature  stands 
out  against  it,  presumably  since  the  representa- 
tives feel  that  it  does  not  command  a  popular 
majority.  In  a  sense  an  initiative  proposal  is  a 
wager  by  the  petitioners  that  their  judgment  is 
better  than  that  of  the  Federal  Assembly,  made 
after  the  latter  has  had  an  opportunity  to  place 
all  the  favored  bets  itself.  Hence  the  much 
greater  mortality  of  initiative  than  ot  legislative 
amendments. 

Four  of  the  initiative  amendments  presented  in 
the  above  table  are  in  the  nature  of  governmen- 
tal and  political  changes,  viz.,  the  unsuccessful 


FEDERAL  LEGISLATION 


ipts  to  establish  proportional 
in  1900  and  1910;  the  proposal  to  elect  the 
Federal  Council  by  popular  vote,  defeated  m 
1900;  and  the  proposal  regarding  the  apportion- 
ment of  the  National  Council,  defeated  in 
1903.  Three  i  proposals  were  eco- 

nomic or  financial  in  character:  the  attempted 
total  revision  to  secure  a  bank-note  monopoly, 
defeated  in  1880,  but  carried  in  1891  by  an 
amendment  originating  in  the  legislature;  the 
proposal  to  divide  part  of  the  federal  customs 
revenues  among  the  cantons,  defeated  in  1894; 
and  the  important  water-power  amendment, 
cd  in  1908.  The  "right  to  work"  initiative, 
defeated  in  1894,  falls  in  the  field  of  social 
economics.  Prohibition  of  absinthe,  carried  in 
1908,  was  a  moral  issue,  and  this  was  to  tome 
extent  true  also  of  the  initiative  regarding 
methods  of  slaughtering  animals,  carried  in  1893. 

Earlier  writers  on   the   Swiss   initiative   have   UM  of 
been  too  much  inclined  to  condemn  the  institu- 

because  of  the  uses  to  which  it  was  put 
during  the  first  few  years  of  its  existence.  M- 
obnoxious  of  these  was  the  last-named  amend- 
ment, regarding  the  method  of  slaughtering 
animals,  surely  a  most  unusual  proposition  to 
inject  into  a  federal  constitution.  On  this 

.  however,  it  is  worth  observing  that  if  the 

rive  were  applicable  in  the  case  of  ordinary 

improbable   that   the   proposal 

would  have  taken  constitutional  form.     As  prc- 

[•47] 


GOVERNMENT  OF  SWITZERLAND 

sented  by  83,000  petitioners,  —  more  than  30,000 
in  excess  of  the  required  number,  —  it  read: 

"The  killing  of  animals  without  benumbing  before 
the  drawing  of  blood  is  forbidden;  this  provision 
applies  to  every  method  of  slaughter  and  to  every 
species  of  animals."  l 

Originally  advocated  by  the  S.  P.  C.  A.,  this 
proposal  soon  became  a  vehicle  of  anti-Semitic 
feeling,  which  exists  in  Switzerland,  although 
not  to  the  same  extent  as  in  some  of  its  greater 
neighbors.  To  the  honor  of  the  federal  legisla- 
ture, both  the  National  Council  and  the  Council 
of  States  urged  that  it  be  voted  down.  Never- 
theless, it  carried  by  a  majority  of  nearly  75,000, 
although  the  total  participation  was  the  smallest 
recorded  in  any  of  the  ten  Swiss  initiative  votes. 
The  result  has  something  of  the  appearance  of 
a  fluke;  the  advocates  of  the  measure  seem  to 
have  turned  out  in  full  force,  while  its  opponents 
remained  at  home.  If  so,  this  first  attempt  to 
use  the  initiative  for  partial  revision  may  serve 
as  an  excellent  lesson  on  the  folly  of  allowing 
such  matters  to  go  by  default.  While  savoring 
of  petty  persecution  of  the  Jews,  the  action  taken 
seems  to  have  been  of  little  practical  importance. 
No  penalty  is  provided  in  the  amendment, 
which  makes  it  a  dead  letter  in  the  cantons  which 
do  not  choose  to  enforce  it.  Although  petitioned 
to  do  so,  the  federal  legislature  has  refused  to 

1  Art.  25,  ii.     Cf.  Dodd,  "Modern  Constitutions,"  II,  263. 


FEDERAL  LEGISLATION 

pass  a  law  inflicting  a  penalty  for  the  trans- 
gression of  the  amcndiix 

A  year  later  two  amendments  were  proposed 
by  initiative.     The  first,  which  originated  v. 
the  Socialist  party,  sought  to  establish  the  ri^ht 
to  work  and  the  duty  of  the  state  to  provide 
Details  of  the  demand    included   reduction 
in  the  hours  of  labor,  establishment  of  workmen's 
iangcs,  insurance  against  unemployment,  and 
the  creation  of  "an   official  boat  >  which 

workmen  might  appeal  against  their  masters." 
It  was  defeated  by  a  vote  of  four  to  one.  In  the 
same  year  a  raid  on  the  federal  treasury  was 
attempted.  If  it  had  succeeded  some  six  millions 
of  francs,  derived  from  customs  duties,  would 
have  been  taken  from  the  national  government 
each  year  and  distributed  among  the  cantons 
at  the  rate  of  two  francs  per  capita  of  their 
population.  After  a  heated  campaign  which 
brought  out  a  heavy  participation,  this  proposal 
was  defeated  by  a  vote  of  more  than  two  to  one. 
The  first  period  of  the  Swiss  partial  initiative 
thus  closed  with  one  rather  disgraceful  futility 
to  its  account,  and  two  dangerous  proposals 
defeated.  In  the  way  of  positive  and  encouraging 
results,  it  offered  little  besides  the  incidental 
education  of  the  electorate  and  the  impressive 
emphasis  with  which  the  last  two  initiative 
proposals  were  defeated. 

For  six  years  no  successful  attempt  was  made 
1  Deploice,  *  Referendum  in  Switzerland,"  p.  236. 

[•49] 


GOVERNMENT  OF  SWITZERLAND 

to  invoke  the  federal  initiative.  When,  in 
1900,  it  again  began  to  be  actively  employed, 
the  measures  thus  proposed  had  taken  on  a 
different  character.  With  two  exceptions  they 
embodied  moderate  political  n -forms  in  favor  of 
which  much  can  be  said.  Proportional  repre- 
sentation was  defeated  twice,  first  in  1900  and 
again  in  1910.  In  the  latter  year  it  carried  a 
majority  of  the  popular  vote,  but  failed  of 
acceptance  because  the  cantonal  vote  was  against 
it,  the  only  occasion  that  the  two  have  been  in 
disagreement  since  the  constitution  of  1874  was 
adopted.  Election  of  the  Federal  Council  by 
popular  vote,  defeated  in  1900,  and  the  appor- 
tionment of  the  National  Council  upon  citizen 
population  exclusively,  defeated  in  1903,  are 
both  projects  which  have  much  in  their  favor. 
There  seems  to  be  general  agreement  that  the 
water-power  amendment,  proposed  by  initiative 
and  accepted  in  1908,  is  a  valuable  piece  of 
constructive  legislation. 

Absinth*  The  absinthe  initiative  of  1908  resembles  the 
imtuuTe  reestablishment  of  the  death  penalty  twenty-one 
years  earlier,  in  that  it  was  the  result  of  a  wave 
of  popular  indignation.  In  certain  parts  of 
Switzerland  the  use  of  this  liquor  was  the  cause 
of  much  demoralization.  A  series  of  atrocious 
murders  committed  by  a  workman  while  under 
its  influence  led  to  the  circulation  of  initiative 
petitions  which  received  167,814  signatures,  - 
more  than  three  times  the  number  required. 


FEDERAL  LEGISLATION 

Both  houses  advised  acceptance  of  the  measure, 
and  it  was  carried  by  a  large  majority.  The 
amendment  thus  added  r<>  the  constitution 
prohibits  in  the  whole  extent  of  the  federation 
the  ma  inpoit. it  ion,  transportation, 

sale,  and  storage  for  the  purpose  of  sale,  of 
absinthe  and  its  imitations,  to  take  effect  two 
years  after  its  adoption.  By  a  law  passed  June 
24,  1910,'  the  federal  legislature  provided  in 

1  for  the  execution  of  the  amendment. 
At  present  (1917)  four  federal  initiative  pro- 
posals are  pending  in  Switzerland.  One  of 
it!)  ii'.,  i  ^natures,  prohibits  the 
establishment  of  gambling  houses,  a  few  of 
which,  despite  Article  35  of  the  constitution, 
are  tolerated  in  Switzerland,  —  chiefly,  it  would 
teem,  for  the  use  of  tourists.  Encouraged  by  the 
popular  vote  of  1910,  advocates  of  proportional 
representation  have  brought  it  forward  for  a 
third  time,  securing  122,080  signatures  to  their 
petition  in  1913.  A  proposal  for  the  submission 
of  treaties  with  foreign  countries  to  referendum 
vote  received  64,391  signatures.  In  order  to 
avoid  political  agitation  during  the  war,  the 
submission  of  these  measures  to  the  electorate 
has  so  far  been  postponed  —  not,  however, 
without  considerable  grumbling  from  their  ad- 
vocates. Quite  recently,  however,  the  Socialists 
have  brought  forward  a  petition  signed  by  108,064 
voters,  proposing  that  the  federation  shall  be 
»  A  S.  XXVI.  1059, 

[151] 


GOVERNMENT  OF  SWITZERLAND 

empowered  to  raise  an  annual  direct  progressive 

tax  on  property  and  incomes,  one  tenth  of  the 

gross  proceeds  to  go  to  the  cantons.1 

inituure        Whatever  grounds  for  criticism  may  be  afforded 

1   by  the  earlier  experiences  of  the  Swiss  with  the 

i»oo          initiative,  it  seems  to  have  justified  itself  from 

moderate    l^QQ  on      j^e  measures   submitted   during   the 

character  later  period  were  moderate  and  progressive. 
Those  which  failed  laid  an  educational  founda- 
tion for  reforms  which  are  likely  to  be  made  in 
the  not  distant  future,  while  the  two  successful 
amendments  represent  substantial  achievement. 
The  permanence  of  the  present  constitutional 
initiative  is  assured,  and  there  is  considerable 
advocacy  of  the  proposition  to  extend  it  to  the 
enactment  of  ordinary  federal  legislation.2  An 
amendment  to  this  effect  was  presented  by  the 
Federal  Council  to  the  Federal  Assembly  in 
1906,  and  after  debate  in  the  lower  house  referred 
back  to  the  Federal  Council  for  further  report.8 

III.    The  Optional  Rfferendu m 

While  the  constitutional  referendum  owes  its 
origin  to  America,  the  referendum  on  ordinary 
legislation  is  a  typical  Swiss  product.  A  some- 
what similar  institution  existed  in  Valais,  Grau- 
bunden,  Bern,  and  Geneva  prior  to  the  nineteenth 

1  dmerikaniscbe  Scbtofiuntitung,  August  23,  1917. 
1  Cf.    Klaus,    "Die    Frage   dcr   Volksinitiative,"    pp.    37 
ft  seq. 

a  Cf  Dodd,  "Modern  Constitutions,"  II,  p.  280  for  text. 


FEDERAL   LEGISLATION 

century,  but  the  modern  legislative  referendum 
was  a  result  of  the  n -vulutionary  movement  of 
the  thir  rst  adopted  by  St.  <i.ill  in  1831, 

it  spread  rapidly  to  other  cantons,  and  now 
exists  in  all  of  them  except  Freiburg.  It  became 
a  part  of  the  federal  constitution  as  a  result  of 
the  general  revision  of  1874.' 

The  Swiss  legislative  referendum  differs  from 
both  the  constitutional  referendum  and  the 
constitutional  initiative  in  that  it  takes  no 
account  of  the  vote  by  cantons.  In  other  words, 
the  acceptance  or  rejection  of  a  federal  law 
submitted  to  referendum  depends  solely  upon 
the  majority  of  the  popular  vote.  The  refer- 
endum may  be  invoked  in  the  case  of  all  laws, 
and  of  all  resolutions  which  have  a  general 
application  and  which  are  not  of  an  urgent 
nature.  Interpretation  of  these  two  qualifications 
applying  to  resolutions  is  left  to  the  legislature, 
the  decisions  of  which  have  not  infrequently 
been  criticized  as  illogical  and  inconsistent. 
In  pr.Ktut.  tu.itus,  the  annual  budget,  money 
subventions  for  local  improvements,  and  decisions 
upon  concrete  questions  submitted  to  the  legisla- 
ture, such  as  cases  of  conflict  of  authority, 
approval  of  cantonal  constitutions,  etc.,  are 
exempted  from  the  referendum.  On  laws  and 
resolutions  subject  to  it  a  period  of  ninety  days 
is  allowed  from  the  date  of  their  publication  in 
order  to  afford  time  for  ci rcul.it in K  petitions. 
>  An.  89. 

[153] 


GOVERNMENT  OF  S\\  I  I  /  I  KI  AND 


1 

1i 


H 


•£  S« -z 

I?  II 


£ 
j 


oi  <  oi  oi  <  oj  a:  <  «  oi  a:  oj 


vO  O        Op 
«   Cn        H 

MODOD  mc%  «A«»tM.  QI 

»•»•*•*» 

i?  "*"  o  ••  ***  **»  •*°°  ^ 

&CQ  t^oo  ••  •-  to  •-  •- 


°°- 


vo 

3- 


;2' 


1 


[154] 


FEDERAL  LEGISljVTION 


""  £ 

•*»H          *    ~ 


>  IA 
W  MI O^^vt  V 


i  : 


UUi 


fei 

ill 


|;||j1|;jfii|:ip 

I  Sllllilljl-sls'l  I  |Sg  |J 

£ocQa.Ha.dasH2u    ZO    0^    a.<o 


GOVERNMENT  OF  SWITZERLAND 

Thirty  thousand  signatures  are  required,  but 
frequently  this  number  is  greatly  exceeded. 
Although  eight  cantons  may  demand  a  referen- 
dum upon  federal  legislation,  no  action  of  this 
sort  has  ever  been  taken.1 

In  the  preceding  table  the  results  of  all  Swiss 
federal  referenda  are  presented  from  1874  to 
1917. 

Retuiti  Between  1874  and  the  end  of  1908,  261  laws 
referen  an(^  resolutions  subject  to  referendum  were 
passed  by  the  Swiss  federal  legislature.2  Of 
these,  thirty  were  brought  to  a  popular  vote, 
and  nineteen  were  rejected.  Stated  in  bare 
statistical  form,  therefore,  the  net  effect  of  the 
referendum  was  to  invalidate  slightly  more  than 
7  per  cent  of  that  part  of  the  legislative  output 
to  which  it  applied.  During  this  period  a  num- 
ber of  weighty  measures  were  passed  against 
which  petitions  were  not  even  circulated.3 

Of  the  thirty  federal  measures  subjected  to 
the  referendum,  fourteen  may  be  classified  as 
economic  or  financial,  four  as  falling  in  the  field 
of  social  economics,  eight  of  a  governmental  or 
political  character,  three  dealing  with  penal 
matters,  and  one,  the  marriage  and  registry  act 

1  A  federal  law  of  June  17,  1874,  provides  that  cantons 
desiring  a  referendum  must  take  action  through  their  legis- 
latures. Cantonal  constitutions  may  reserve  to  the  people 
the  right  to  amend  legislative  resolutions  of  this  character. 

*  Curti,  "  Resultate,"  p.  36. 

*  Ibid.,  p.  37,  for  list  of  such  measure*. 

[156] 


FEDERAL  LEGISLATION 

of  1875,  as  primarily  moral  in  character.  The 
more  important  of  these  measures  arc  taken  up 
at  some  length  in  the  chapters  dealing  with  the 
general  subjects  to  which  they  refer  and  need  no 
her  discussion  here. 

Central  conj  id t  rations  on  direct  legislation 
in  Switzerland 

In  the  United  States  it  is  customary  to  state 
the  number  of  signatures  required  for  initiative 
and  referendum  petitions  on  a  percentage  basis. 
Switzerland,  it  will  be  recalled,  fixed  definite 
numbers;  namely,  50,000  for  the  former  and 
30,000  for  the  latter.  With  the  growth  of 
population,  therefore,  it  becomes  relatively  easier 
to  secure  the  requisite  number  of  signatures. 
In  1*4^.  it  was  estimated  that  there  were  400,000 
qualified  voters,  which  made  the  initiative 
requirement  equivalent  to  iij  per  cent.1  At 
the  end  of  1910,  there  were  820,000  qualified 
voters  in  Switzerland.1  On  this  basis  the  number 
required  for  initiative  petitions  amounts  to  6.1 
per  cent  and  for  referendum  petitions  to  3.6  per 
cent.  These  percentages  are  much  lower  than 
those  usually  fixed  in  the  United  States. 

The  same  methods  of  collecting  signatures 
prevail  in  the  two  countries,  and  the  same  com- 
pl. tints  are  heard  with  regard  to  the  abuse  of 
persuasion,  the  use  of  personal  and  political 

1  Klaus,  op.  rir,  p  64.  '  Curti,  op.  ft/.,  p.  73. 

[•57] 


GOVERNMENT  OF  SWITZERLAND 

pressure,  and  the  like.  In  Switzerland  also 
canvassers  are  sometimes  employed  and  paid  at 
a  fixed  rate  for  each  signature  secured.  Some 
cantons,  however,  require  that  petitions  be 
kept  at  the  town  hall,  voters  who  desire  to 
them  being  obliged  to  come  there  for  the  purpose. 
A  federal  law  requires  that  the  presiding  officer 
of  each  commune  must  bear  witness  to  the  fact 
that  those  who  have  signed  the  petitions  are 
qualified  voters.  Forgery  of  signatures  is  punish- 
able by  a  fine,  and  in  aggravated  cases  by  im- 
prisonment for  a  term  not  to  exceed  two  yen 
p*rtici-  Owing  doubtless  to  their  more  perfunctory 
P*"00  character,  participation  is  lower  in  the  obligatory 
constitutional  referenda  than  in  initiative  and 
legislative  referenda,  the  average  vote  on  the  for- 
mer from  1874  to  1917  being  339,608  and  for 
the  two  latter  404,677  and  407,090,  respectively. 
During  the  second  half  of  this  period  the  average 
vote  fell  slightly  in  the  obligatory  referenda,  but 
increased  considerably  in  initiative  and  optional 
referenda.  Experience  in  the  United  States  also 
shows  that  the  people  take  less  interest  in  proposi- 
tions that  come  before  them  automatically  than 
in  those  which  require  petitions  and  the  conse- 
quent agitation  necessary  to  procure  signatures.1 
On  individual  measures  the  participation  shows 
wide  variation,  as  a  glance  at  the  tables  presented 
above  will  show.  The  lowest  percentage  quoted 

1  Holcombe,  "State  Government  in  the  United  States," 
Ch.  XIII. 
[158] 


FEDERAL  LEGISLATION 

by  Curti  occurred  July   10,  1887.  in 
v.  irh  the  second  vote  on  the  patent  amend  n 
when  only  40.4  per  cent  of  the  qualified  voters 
appeared  at  the  polls.1     In   this  case  the  light 

.  was  due  to  the  conviction  that  the  am< 
ment  was  certain  to  pass  by  a  large  majority. 
On  the  other  hand,  participation  has  frequently 
exceeded  70  per  cent.  In  the  case  of  the  im- 
mensely important  law  of  1898  providing  for 
the  nationalization  of  railroads,  a  total  vote  of 
569,352,  or  77.6  per  cent  of  the  number  of  qualified 
voters,  was  recorded.  In  considering  these  figures 
it  should  be  remembered  that  ordinary  elections 
in  Switzerland,  i.e.,  elections  to  choose  between 
candidates  for  office,  bring  out  only  from  one  to 
two  thirds  of  the  qualified  voters  as  a  rule.1 

In  the  forty-three  years  that  have  elapsed 
since  the  constitutional  revision  of  1874,  the 
Swiss  people  have  been  called  to  the  polls  forty- 
six  times,  to  vote  on  sixty-two  federal  initiative 
and  referendum  measures.  The  largest  number 
voted  on  in  any  year  was  five  (1891),  and  on  any 
one  day,  four  (May  II,  1884).  Of  course  can- 
tonal and  communal  initiative  and  referendum 
proposals  also  come  before  the  electorate;  yet 
the  ballot  is  never  overburdened,  as  seems  to  be 
the  case  too  frequently  in  the  United  States. 
In  the  populous  canton  of  Zurich,  for  example, 
counting  both  federal  and  cantonal  proposals, 

*  "  Rciulmc,"  p.  68. 

lumhpicgel  fur  Nauoaalmswihler,"  p.  6. 

[159] 


GOVERNMENT  OF  SWITZERLAND 

the  largest  number  ever  voted  upon  in  one  day, 
between  1874  and  1894,  was  nine.  This  was 
quite  exceptional,  as  the  average  for  the  period 
per  voting  day  was  slightly  less  than  two  and  a 
half.  It  is  a  far  cry  from  such  figures  to  the 
forty-two  constitutional  amendments  submitted 
to  Ohio  voters  in  1912,  or  the  thirty-one  measures 
voted  upon  by  Californians  in  1914. 

The  An    earlier    writer    on    the    Swiss    referendum 

cr't'c'zes  lt  as  spasmodic  in  its  workings.1  It  is 
no  doubt  true  that  in  1884,  when  the  four  measures 

M  •  rule  facetiously  known  as  the  "four-humped  camel" 
were  voted  down  at  a  single  stroke,  the  Swiss 
people  were  distinctly  of  the  opinion  that  "those 
people  in  Bern  needed  a  lesson."  Yet  even  on 
this  occasion  the  returns  showed  considerable 
discrimination  as  between  the  various  proposals. 
On  other  occasions,  as  for  example  in  1877 
and  1896,  when  more  than  one  measure  came 
before  the  people  at  the  same  time,  they  showed 
ability  to  accept  and  reject  at  will.  A  considera- 
tion of  the  whole  experience  from  1874  to  1917 
indicates  spasmodic  action  as  the  occasional 
exception,  while  careful  discrimination  according 
to  the  character  of  the  measures  submitted  is 
the  general  rule. 

To    one    familiar   with    American    conditions, 
the    cost  of  a  Swiss  referendum  election  is  in- 
credibly low.     The  chief  items  of  expense  to  the 
federal  government  are  for  printing  copies  of  the 
1  Lowell,  "Governments  and  Parties,"  II.  254. 

[160] 


FEDERAL  LEGISLATION 

laws  for  distribution  to  every  qualified 
and  for  printing  the  ballots.  Other  costs  are 
borne  by  the  cantons  and  communes.  It  is 
estimated  that  the  federal  government  pays 
from  I  to  4  centimes,  the  cantons  i  to  2  centimes, 
and  the  communes  4  to  7  centimes  for  each 
qualified  voter,  a  total  of  from  6  to  13  centimes 
($.012  to  $.025).  For  the  federation  as  a  whole 
this  would  amount  to  from  ten  to  twenty  thousand 
dollars.  Party  expenditures  are  not  included  in 
the  above,  but  they  are  also  exceedingly  low,  as 
the  average  Swiss  voter  does  not  need  much 
persuasion  to  go  to  the  polls. 

A  stock  argument  against  the  referendum  is 
that  it  reduces  the  legislature's  sense  of  rcspo 
bility  by  placing  final  decision  in  the  hands  of 
the  people.  It  is  a  peculiarly  difficult  argument 
to  discuss,  inasmuch  as  there  is  no  opportunity 
to  observe  the  conduct  of  the  same  legislature 
acting  both  with  and  without  the  referendum. 
One  of  the  greatest  authorities  on  the  subject, 
himself  for  more  than  twenty  years  a  repre- 
sentative of  the  Swiss  people,  expresses  the 
opinion  that  "the  referendum  prevented  but 
litrlc  good  that  we  wished  to  do,  but  simply  by 
standing  as  a  warning  before  us,  averted  much 
evil.  ...  In  spite  of  possible  backward  move- 
ments, it  did  not  condemn  democracy  to  a  I 
but  has  given  steadiness  to  progress  itselt 
Professor  Rappard  admits  that  there  may  have 

1  Curti,  "Result ate,"  p.  71. 

[161] 


GOVERNMENT  OF  SWITZERLAND 

been  some  decline  of  political  standards  since 
the  adoption  of  the  initiative  and  referendum, 
but  attributes  it  to  other  causes,  chiefly  tin 
"anonymous,  impersonal  committee  form  of 
procedure  which  prevails  in  all  Swiss  legisla- 
tures." l  Fear  of  the  popular  veto  should  tend 
to  make  legislators  timid  rather  than  reckless. 
If  so,  the  initiative  may  be  used  to  galvanize 
them  into  activity.  In  any  event  an  other 
popular  legislator's  support  of  measures  which 
fall  under  the  ban  of  the  referendum  is  not 
likely  to  cause  his  defeat  at  the  ensuing  election. 
According  to  a  humorist  quoted  by  Professor 
Borgeaud,  "the  Swiss  are  a  singular  people: 
they  disown  their  representatives,  and  then  they 
reelect  them." 

Another  argument  against  direct  legislation 
was  that  it  would  make  party  government 
impossible.  The  political  atom  would  supersede 
the  organization;  purely  mechanical  combina- 
tions changing  with  each  issue  would  dominate 
the  political  stage.  Without  stopping  here  to 
discuss  the  beneficence  or  maleficence  of  party 
government,  it  is  certain  that  in  Switzerland 
the  initiative  and  referendum  have  not  caused 
the  break-up  of  political  organizations.  On  the 
other  hand,  they  have  increased  somewhat  the 
influence  of  minority  parties. 

A  great  many  authorities  on  direct  legislation 
urge  its  high  value  as  a  means  of  political  educa- 

1  "Annals  American  Academy,"  43:  142  (September,  1912). 


FEDERAL   LEGISLATION 

tion.     In  campaigns  for  the  choice  of  officials, 

personalities  necessarily  play  some  part,  but  in 

•crcndum  campaigns  there  is  a 

maximum  opportunity  to  hear  and  decide  solely 

tic  basis  of  the  facts  and  principles  involved. 

Swiss   people   have   repeatedly   shown   the 

ability  to  learn  and  to  change  their  opinion  upon 

questions  submitted  to  them       \\\  -.-.   uhilc  the 

proposals  were  not   identical   in   the  two  cases, 

there  was  a  distinct  reversal  of  popular  attitude 

on  the  railroad   bills  of  1891   and   1898,  on  the 

uniform    industrial    legislation    amendments    of 

1894  and    1908,   and   on   the   army   amendment 

and  army  bill  of  1895  and  1907,  respectively. 

Admitting  the  difficulty  of  deducing  general 
tendencies  from  so  extensive  a  field  of  legislation, 
it  seems  to  be  generally  agreed  that  the  Swiss 
people    are    inclined    to    react    strongly    against 
initiative  and  referendum  measures  that  savor  of 
.tvagance  or  bureaucracy.     Professor  Rappard 
also   points   out   their   hostility   to   "ideological 
>n,"  — that  is,  to  legislation  "grounded 
solely    or    mainly    on    abstract    conceptions    of 
as,  for  example,  the  "right  to  work" 
min.  vcitainly     the     referendum     has     at 

s   betrayed   a  conservative  tendency  wh 
i.iyed    its    friends.     Thirty    years    ago    Sir 
ry  Maine  indulged  in  an  explanation  of  this 
tend  ly   as  sho\\n    in   connection 

labor  legislation.1     In  the  light  of  Switzer- 
Popular  Government,"  p.  97. 

[163] 


GOVERNMENT  OF  SWITZERLAND 

land's  subsequent  progress  toward  social  legisla- 
tion and  industrial  democracy,  his  theory  app 
more  ingenious  than  convincing. 

Din  Nation     in     Switzerland     has    not 

ic.tlized  all  the  extravagant  anticipations  of  its 
frit-lids.  But  on  the  other  hand  it  has  completely 
ihed  the  dismal  prophecies  of  chaos  and 
revolution  uttered  by  the  conservatives  of  an 
earlier  period.  It  has  become  a  vital  and  fn 
functioning  part  of  the  Swiss  political  organism. 
Although  changes  are  sometimes  suggested  in 
the  form  and  application  of  the  initiative  and 
referendum,  there  has  long  since  ceased  to  be 
any  fundamental  opposition  to  them  in  Switzer- 
land. 

SELECTED  BIBLIOGRAPHY 

DEPLOIGE,  S.     "The  Referendum  in  Switzerland." 

LLOYD,  H.  D.  "A  Sovereign  People,"  Ch.  V  (Popular 
Checks  on  the  Representative  System);  Ch.  VI  (Direct 
Democracy  in  the  Federation);  Ch.  XIV  (Effects  of  the 
Referendum  and  Initiative). 

LOWELL,  A.  L.  "Public  Opinion  and  Popular  Govern- 
ment," Chs.  XII-XV  passim  and  Appendix  I. 

LOWELL,  A.  L.  "Governments  and  Parties  in  Continental 
Europe,"  Ch.  XII  (The  Referendum  and  the  Initiative). 

RAPPARD,  W.  E.  "The  Initiative,  Referendum,  and  Recall 
in  Switzerland."  In  "Annals  of  the  American  Academy 
of  Political  and  Social  Science,"  Vol.  43,  pp.  110-145 
(September,  1912). 

RAPPARD,  W.  E.  "The  Initiative  and  Referendum  in  Swit/n- 
land."  In  "  American  Political  Science  Review,"  Vol.  6, 
pp.  34S-366  (August,  191 

[-64] 


CHAPTER  VII 

K     FEDERAL    JUDICIAL     SYSTEM 

L.\:  the  Federal  Council,  the  Federal 
Court  of  Switzerland  is  a  creation  of  the 
constitution  of  1848.  Under  the  preceding  regime 
(Pact  of  1815),  the  few  controversies  between 
<>ns  not  covered  by  the  constitution  were 
referred,  as  they  arose,  to  arbitrators  especially 
appointed  for  the  purpose.  Even  under  the 
federal  constitution  the  new  court  was  not  kept 
permanently  busy  at  first.  But  as  a  system  of 
federal  law  was  built  up  by  the  legislative  assem- 
bly, its  duties  increased.  The  constitutional 
Mon  of  1874  greatly  strengthened  the  posi- 
of  the  court.  Every  subsequent  extension 
by  constitutional  amendment  of  the  legislative 
powers  of  the  federation  —  and  they  have  been 
numerous  —  brought  with  it  an  increase  of  the 
duties  devolving  upon  the  Federal  Court.  In 
1893,  the  transfer  to  the  latter  of  cases  of  con- 
stitutional law  formerly  decided  by  the  executive 
materially  increased  the  scope  of  its  functions. 
Two  years  later  its  work  was  again  greatly 
extended  by  conferring  upon  it  jurisdiction  in 
debt  and  bankruptcy  cases.1 

1  Bux4fi[fjrtz  bftr.  d.  t)bfrtrat**g  d.  Okrn/nrfc  ub.  d. 
SrfeUferrtfeiw-  «.  Konkwauif*,  June  a*,   189$;    A.   S. 

[165] 


GOVERNMENT  OF  SWITZERLAND 

As  a  result  of  the  addition  of  all  these  new 

functions,    the    Federal    Court,    which    formerly 

met  only  once  a  year  at  the  same  time  as  the 

legislature,   is   now   kept   constantly   in    session. 

Pressure  of  business  also  made  it  necessary  to 

increase  the  number  of  judges  from  time  to  time. 

In   this  way   the   original   bench   of  eleven   has 

grown    to    the    present    bench    of    twenty-four 

members,  assisted  by  nine  alternates. 

NO  Great  as  has  been  the  growth  in  the  volume  of 

J^eto    business   and    general    influence   of  the    Federal 

federal       Court  of  Switzerland,   it  nevertheless   resembles 

leguution  tke  courts  Of  other  European  countries  in  that 

oncopsti* 

tutionai  it  does  not  possess  the  power  to  declare  acts  of 
the  federal  legislature  unconstitutional.  It  may 
test  a  cantonal  law  as  to  its  agreement  with  the 
federal  constitution,  but  the  latter  (Art.  113) 
expressly  makes  binding  upon  the  court  not  only 
all  laws  passed  by  the  Federal  Assembly  but 
also  all  decrees  of  general  application  issued  by 
the  latter  and  all  treaties  it  approves.  Neither 
directly  nor  by  implication,  therefore,  was  the 
Swiss  Federal  Court  clothed  with  the  great 
power  of  constitutional  interpretation  which  in 
the  hands  of  the  American  Supreme  Court 
enabled  the  latter  to  play  so  great  a  part  in  the 
molding  of  our  institutions. 

Moreover,  the  Swiss  Federal  Court  is  expressly 
placed  by  law l  under  the  supervision  of  the 
Federal  Assembly.  It  makes  an  annual  report 

1  Organisation  der  Bundtsrecbtspfltge,  A.  S.  XXVIII,  129. 

[166] 


THE  FEDERAL  JUDICIAL  SYSTEM 

to  the   latter  upon   all  its    activities.     "Within 
its  judi  i   of  act i.  According  to  the 

same  statute,  "the  Federal  Court  is  independent 
and  subject  only  to  the  law.  A  decision  of 
the  court  may  be  repealed  or  amended  only  by 
the  Federal  Court  itself  in  accordance  with  the 
provisions  of  the  law."  But  of  course  this 
section  of  the  organization  law  does  not  I 
the  legislative  competence  of  the  Federal 
Astembl 

Judges  and  alternates  of  the  Swiss  Federal 
Court  are  chosen  by  the  Swiss  Federal  Assembly, 
which  must  see  to  it  that  all  three  national 
languages  are  represented  thereon  (Art.  107). 
Any  Swiss  citizen  who  is  eligible  to  the  National 
Council  may  be  appointed  to  the  Federal  Court. 
In  spite  of  the  extreme  democracy  of  this  provi- 
sion, it  is  the  custom  to  choose  men  of  eminent 
legal  ability.  Members  of  the  court  may  not 
he  same  time  belong  to  the  Federal  Assembly 
or  to  the  Federal  Council,  nor  may  they  hold 
r  offices  within  the  gift  of  these  two  bodies. 
Neither  may  they  during  their  term  of  office 
hold  any  other  federal  or  cantonal  office,  nor 
engage  in  any  other  pursuit,  nor  practice  a 
profession  (Art.  108).  A  statutory  provision 

to  that  applying  to  the  Federal  Con; 
also  prohibits  judges  related  by  blood  or  marriage 
from  being  at  the  same  time  members  of  the 

The  number  of  judges   and   alternates,   their 


GOVERNMENT  OF  SWITZERLAND 

Terms  terms  and  salaries,  and  the  organization  of  the 
court  are  a^  determined  by  law l  (Art.  107). 
At  present  judges  receive  a  salary  of  15,000 
francs  per  annum,  with  an  extra  thousand  fnnu  s 
for  the  president  of  the  court.  Alternates 
receive  a  per  diem  of  25  francs  for  each  day 
on  the  bench,  and  an  allowance  for  outside  time 
spent  in  the  service  of  the  court.  The  term 
of  both  judges  and  alternates  is  six  years,  or 
twice  as  long  as  that  of  members  of  the  Federal 
Council.2  Judges  are  reeligible,  and  reelection 
of  those  who  wish  to  continue  their  service  is  the 
usual  rule. 

Prior  to  1874,  the  Federal  Court  had  no  fixed 
seat,  and  held  its  sessions  in  a  number  of  cities, 
although  more  frequently  at  Bern  than  elsewhere. 
By  a  decree  of  that  year  it  was  located  perma- 
nently at  Lausanne,  the  capital  of  the  French- 
speaking  canton  of  Vaud.  This  was  a  graceful 
concession  to  the  feeling  of  Romance  Switzerland, 
and  it  had  the  further  advantage  of  removing 

1  The  law  of  March  22,  1893,  regarding  the  organization 
of  the  federal  administration  of  justice,  forms  the  basis  of 
all  more  recent  enactments  under  this  article  of  the  con- 
stitution. It  may  be  found  with  all  subsequent  amendments 
in  A.  S.  XXVIII,  129  ft  sfg.,  and  will  be  cited  hereafter  under 
the  abbreviation  0.  G.  (Organisationsgestti). 

1  The  members  of  the  present  court  were  elected  December 
12,  1912,  and  hold  office  from  January  I,  1913,  to  December 
31,  1918.  It  will  be  observed  that  the  six-year  term  of  the 
court  does  not  coincide  with  two  three-year  terms  of  the  Fed- 
eral Council. 

C'68] 


THE  FEDERAL  JUDICIAL  SYSTEM 

:n  the  political  atmosphere  of  Bern. 
On  the  heights  of  Montbenon  in  the  western 
district  of  Lausanne  the  court  now  occupies  a 
handsome  and  substantial  structu:  h,  how- 

ever, is  much  more  modest  in  proportions  and 
decoration  than  the  typical  courthouse  of  many 
an  American  coui 

From  the  membership  of  the  court  the  Federal 
Assembly  selects  a  presiding  judge  and  a  vice 
president,  each  for  a  term  of  two  years.1  The 
court  appoints  the  officials  of  its  secretariat  (Art. 
109).  It  also  assigns  judges  and  alternates  to 
the  various  divisions  and  chambers  into  which 
led. 

In  the  field  of  public  law  the  Federal  Court 
decides  (i)  cases  of  conflict  of  jurisdiction  between 
federal  authorities  on  the  one  hand  and  cantonal 
authorities  on  the  other;  (2)  disputes  between 
cantons;  and  (3)  complaints  of  citizens  regarding 
violations  of  their  constitutional  rights  and  also 
of  individuals  because  of  the  violation  of  con- 
cordats or  treaties  (Art.  113). 

In  civil  suits  the  Federal  Court  has  jurisdiction 

in    cases    (i)    between    the    federation    and    the 

cantons;    (2)  between  cantons;   and  (3)  between 

the  federation  on  the  one  hand  and  corporations 

or  individuals  on  the  other  when  the  latter  are 

plaintiffs  or  when  either  party  demands  it,  and 

•i    the    amount    involved   exceeds    a   certain 

sum,  which  has  been  fixed  by  law  at  3000  francs. 

»  0.  G.t  Art.  5. 

[169] 


GOVERNMENT  OF  SWITZERLAND 

It  has  jurisdiction  also  in  suits  concerning  the 
right  of  domicile,  and  in  conflicts  which  arise 
between  communes  of  different  cantons  respect- 
rhe  right  of  local  citizenship  (Art.  no).  The 
Federal  Court  is  bound  to  give  judgment  in  other 
(civil)  cases  involving  sums  of  more  than  3000 
francs  when  both  parties  appeal  (Art.  in). 

With  the  assistance  of  juries  to  decide  questions 
of  fact,  the  Federal  Court  has  criminal  jurisdic- 
tion (i)  in  cases  of  high  treason  against  the 
federation,  and  of  rebellion  and  violence  against 
federal  authorities;  (2)  crimes  and  misdemeanors 
against  international  law;  (3)  political  crimes 
and  misdemeanors  caused  by  or  resulting  from 
disturbances  which  occasion  armed  federal  inter- 
vention; and  (4)  charges  against  officials  ap- 
pointed by  federal  authority  when  such  charges 
are  turned  over  to  the  court  by  the  authority 
concerned,  for  criminal  action. 

In  addition  to  the  foregoing,  the  constitution 
expressly  provided  that  the  competence  of  the 
court  might  be  extended  by  federal  legislation 
(Art.  114),  and  also  that  it  might  be  given  powers 
designed  to  bring  about  uniformity  in  the  applica- 
tion of  civil  and  business  law  (Art.  64).  By  the 
two  constitutional  amendments  adopted  Novem- 
ber 13,  1898,  express  power  was  conferred  upon 
the  federation  to  deal  with  all  matters  of  civil 
law  and  of  criminal  law. 

Acting  under  the  authority  of  the  amendments 
of  1898,  the  work  of  drafting  a  uniform  civil 


THF.   FEDERAL  JUDICIAL  SYSTEM 

code  was  intrusted  to  Dr.   Eugen   Huber  of  the   TIM  i 
University  of  Bern.     He  succeeded  in  "molding  Jj* 
scientific  whole  a  multitude  *•*• 
of  ancient,   local,   c«  >ry,   and   seemingly 

irreconcilable  customs  and  statutes,  cantonal  I 
fcdei  h   had   in   the   course  of  centuries 

culminated  in  conditions  no  longer  tolerable  by 
an  enlightened  people."  *  Upon  the  completion 
of  Dr.  Huber's  draft  it  was  submitted  first  to  a 
commission  appointed  by  the  head  of  the  federal 
department  of  justice  and  police,  and  composed 
of  thirty-two  eminent  professors  and  practitioners 
of  t!  legislators,  magistrates,  and  experts 

in  special  fields  of  civil  l.r.v.  This  commission 
solicited  us  and  suggestions  from  every 

source,  and  made  use  of  all  that  proved  valuable. 
Next  the  draft  was  submitted  for  final  editorial 
revision  to  a  small  commission  of  eight  members, 
one  of  whom  was  the  author.  Finally  it  was 
patted  with  comparatively  few  changes  by  the 
Federal  Assembly,  to  take  effect  January  i, 
1912.  It  is  a  remarkable  tribute  to  a  work  of 
such  magnitude  and  vital  importance  that  the 
referendum  was  not  invoked  against  it.  The 
of  this  monumental  achievement  is  of 


he  SWIM  Civil  Code  of  December  10,  1907,"  emu- 
lated by  Robert  P.  Shick,  p.  v.  The  four  para  into  which 
the  code  is  divided  deal  with  the  bw  of  persons,  of  marriage, 
of  inheritance,  and  of  thing*.  A  law  of  March  30,  1911, 

ffftmM  it  by  the  addition  of  a  fifth  part  dealing 
with  the  law  of  obligations.  A.  S.  XXVII,  317-596. 

[171] 


GOVERNMENT  OF  SWITZERLAND 

special  interest  to  the  United  States,  for  there 
are  "many  features  of  similarity  between  the 
Swiss  conditions  £prior  to  1907]  and  those  diffi- 
culties our  various  systems  of  legislation  and 
jurisprudence  have  long  presented  and  which  in 
time  will  demand  some  like  remedy."  l 
Th«  Work  on  the  uniform  criminal  code  was  some- 

%£££i  what  delayed  while  the  Federal  Council  and 
coje  Federal  Assembly  were  occupied  with  the  civil 
code.  Preparation  of  the  first  draft  of  the 
criminal  code  was  intrusted  to  Professor  K;nl 
Stoos.  After  passing  through  the  hands  of  two 
expert  commissions,  it  is  now  ready  (1917)  in 
three  books  and  431  articles  for  consideration 
by  the  federal  legislature.  By  the  reduction  of 
the  divergent  laws  in  these  two  great  fields  to 
a  uniform  basis,  marked  progress  will  be  made 
not  only  toward  legal  efficiency  but  also  toward 
the  national  unity  of  Switzerland. 

Mode  of  For  the  performance  of  its  manifold  functions 
o7^ed°^i  the  Federal  Court  is  divided  into  three  divisions 
Court  of  eight  judges  each,  the  first  devoted  to  public 
law  and  the  other  two  to  civil  law.  There  is 
also  a  chamber  composed  of  three  judges  for  the 
trial  of  debt  and  bankruptcy  cases.  For  criminal 
cases  the  court  is  divided  into  four  chambers,  to 
each  of  which  five  or  more  judges  and  two  alter- 
nates are  assigned.  These  are  designated  (i)  the 
Criminal  Chamber,  (2)  the  Federal  Penal  Court, 
(3)  the  Chamber  of  Complaints,  and  (4)  the  Court 

1  Shick,  op.  cit.t  p.  v. 


THE  FEDERAL  JUDICIAL  SYSTEM 

of  Cassation.  The  Criminal  Chamber  goes  on 
circuit  from  time  to  time,  holding  moons  m 
each  of  the  three  large  districts  into  which  the 
country  is  divided  f«>r  this  purpose.  One  of 
these  assize  districts  is  made  up  of  cantons  and 
communes  in  \0mh  Romance  languages  are 
spoken,  while  the  other  two  are  composed  of 

(Irrin.iu-Npr.iknn;  districts. 

In  this  work  the  Criminal  Chamber  is  assisted 
by  juries  of  t  \\i-lvc  men  each.  Jurymen  are 
chosen  by  popular  vote  for  a  term  of  six  years. 
The  election  districts  in  \\hich  they  are  chosen 
are  marked  out  by  the  cantons,  and  the  number 
to  be  selected  is  fixed  at  the  ratio  of  one  juryman 
to  each  thousand  inhabitants.  Out  of  the  lists 
so  constituted  fifty-four  names  are  chosen  by 
lot.  The  federal  attorney  and  the  defendant  can 
each  challenge  twenty  of  these  names.  If  either 
or  both  of  them  do  not  exhaust  all  their  challenges, 
a  panel  of  fourteen  is  chosen  by  lot  from  among 
the  unchallenged  names.  Twelve  of  the  fourteen 
serve  on  the  jury,  while  the  remaining  two  are 
held  to  attend  court  in  order  that  they  may  act 
as  substitutes  in  case  any  regular  juryman  is 
incapacitated  during  the  trial.  For  their  services 
jurymen  receive  a  per  diem  of  ten  francs. 

Sessions  of  the  full  Federal  Court  are  held  for 
various  important  purposes,  among  which  are 
the  filling  of  offices  within  the  appointive  power 
of  the  court,  matters  regarding  the  internal 
organization  and  administration  of  the  court, 

[•73] 


GOVERNMENT  OF  SWITZERLAND 

and  decisions  in  cases  which  by  law  are  referred 
to  the  court  as  a  whole.  The  latter  embrace 
extradition,  appeals  from  the  national  expro- 
priation commission,  and  forced  liquidation  of 
railroads  or  banks  of  issue.  If  any  separate 
division  of  the  Federal  Court  desires  to  decide  a 
case  in  a  manner  contrary  to  an  earlier  decision 
or  in  conflict  with  a  decision  by  another  division, 
it  must  postpone  judgment  and  refer  the  matter 
to  a  session  of  the  court  as  a  whole.  When  the 
plenary  session  has  spoken,  the  separate  division 
of  the  court  which  proposed  a  change  must 
accept  its  decree.  Two  thirds  of  the  full  member- 
ship of  the  Federal  Court  is  necessary  for  a 
quorum  at  all  plenary  sessions. 

A  tariff          An    interesting   feature   of  the   Swiss   law   on 

J^^,     federal   legal    practice   is   the   presentation   of  a 

and  other    complete   tariff  fixing   maximum    and    minimum 

fee*          lawyers'  fees,  fees  of  witnesses  and  experts,  and 

traveling   and   clerical   expenses.1     This   tariff  is 

employed    in    determining    the    amount    of   the 

costs  when   these   are   placed   upon   one  or  the 

other  parties  to  a  suit.     Also,  if  a  client  protests 

against  the  bill  of  his  attorney,  the  court  takes 

the  matter  under  consideration  and  decides  the 

amount  to  be  paid  upon  the  basis  of  the  legal 

tariff.     There    is    no    separate    bar    for    practice 

before  the  Swiss  Federal  Court.     Indeed,  there 

is  nothing  to  prevent  any  person  from  pleading 

his  own  case  before  it  should  he  so  desire. 

1  0.  G.,  Art.  222  ft  sfq. 

[174] 


THE  FEDERAL  JUDICIAL  SYSTEM 

Unlike  the  federal  courts  of  the  United  States, 
Swiss  Federal  Court  possesses  no  machinery 
of  its  own  for  the  enforcement  of  its  decisions. 
Howtvti,  the  cantons  are  obligated  by  law  to 
execute  its  decisions  in  the  same  way  as  they 
execute  the  decision  of  their  own  cant< 
courts.1  In  case  of  failure  on  the  part  of  the 
cantons  to  do  this,  appeal  may  be  made  to  the 
Federal  Council,  which  is  empowered  to  take 
the  necessary  action.  I- mm  tin-  American  point 
of  view  the  inability  of  the  court  to  enforce  its 
own  decisions  may  seem  a  serious  defect.  It 
however,  in  accord  with  the  Swiss  custom  of 
allowing  the  cantons  to  administer  many  federal 
•-.  and  in  practice  seems  to  cause  no  serious 
difficulties. 

Switzerland  has  long  been  a  haven  for  pol 
refugees    from    every    other    European    nation. 
Some  of  these  have  abused  the  right  of  asylum 
extended  to  them  by  plotting  against  the  gov- 
ernment of  their  native  land.     To  meet  this  situa- 
the  office  of  Federal  Attorney  was  created 
i  S8o,.f    The  Federal  Attorney  is  appointed  by 
the  Federal  Cmnu-il,  but  is  not  a  member  of  that 
body,  nor  are  his  powers  at  all  comparable  with 
^e   of  the   Attorney  General   of  the  United 
States.     His  principal  duties  are  to  secure,  chiefly 
from  cantonal  police  authorities,  the  facts  with 
regard  to  dangerous  foreigners  resident  in  the 

»  O.C.,  Ar 

'  B.  G<J.  of  June  28,  1889;  A.  S.  XI,  143. 

[175] 


GOVERNMENT  OF  SWITZERLAND 

country;  to  assemble  this  information  at  a  cen- 
tral office;  and  to  use  it  in  making  suggestions 
to  the  Federal  Council  for  the  expulsion  of  any 
such  characters.  If  the  Federal  Council  de- 
cides to  issue  a  decree  of  expulsion,  the  execu- 
tion of  the  latter  is  intrusted  to  the  canton  or 
cantons  concerned. 

Although  large  transfers  of  power  have  been 
made  to  the  Federal  Court  in  the  last  quarter 
century,  the  Federal  Council  retained  jurisdiction 
over  important  matters  of  administrative  law, 
subject  to  decision  on  appeal  by  the  Federal 
Assembly.  This  arrangement  is  illogical  and  un- 
satisfactory, for  the  Federal  Council  is  primarily 
not  a  judicial  but  an  administrative  body  which 
is  greatly  overburdened  by  its  duties  in  the 
latter  field,  while  the  Federal  Assembly  is  not 
only  unwieldy  but  is  also  primarily  legislative 
and  political  in  character,  and  therefore  quite 
unfitted  for  judicial  action.  Moreover,  by  an  ex- 
tensive interpretation  of  the  concept  of  consti- 
tutional rights  under  both  federal  and  cantonal 
constitutions  the  Federal  Court  succeeded  in 
drawing  into  its  forum  every  invasion  of  such 
rights  by  cantonal  authorities.  It  could  not, 
however,  extend  this  control  over  federal  ad- 
ministrative officials.1 

A  first  step  toward  the  reform  of  this  condition 

1  Cf.  F.  Kleiner's  masterly  article  on  "Fortbildung  d.schw. 
Bundesverfassung  seit  d.  Jahre  1874.,"  in  the  Jahrbucb  d. 
d/.  Rfcbts  d.  Gegentoart,  I,  392  (1907). 

[176] 


FEDERAL  JUDICIAL  SYSTEM 

was  taken  by  the  acceptance  of  an  amendn 

•In-    trilri.il    constitution,   October    25,    I«, 
s  amendment  provides  that  a  federal  admin- 
court   may   be  established   to  exercise 
miisdiction  in  such  cases  of  federal  administra- 
law  as  may  be  assigned  to  it  by  the  federal 
legislature;     also,    under    similar   conditions,    of 
disciplinary  cases  so  far  as  the  latter  are  not 
assigned     to    another    jurisdiction.     With     the 
approval  of  the  Federal  Assembly  the  cantons 
may  transfer  their  own  cases  under  administra- 
law  to  the  Federal  Court.     Legislation  to 
carry    out    these    new   constitutional    provisions 
\\ill   doubtless  be  enacted   in  due  time. 

With  the  completion  of  this  reform  the  judicial 
system  of  the  Swiss  federation  will  be  far  more 
complete  and  logical  than  at  any  time  in  its  past 
history.  If,  as  seems  likely,  the  central  gov- 
ernment continues  to  acquire  new  powers,  the 
importance  of  the  court  will  also  continue  to 
case.  That  it  will  attain  the  constitutional 
position  of  the  Supreme  Court  of  the  United 
States,  and  particularly  the  power  to  declare 
legislative  acts  unconstitutional,  does  not,  how- 
ever, seem  probable.  It  would  be  contrary  not 
only  to  Swiss  but  to  continental  traditions  as 
well.  Even  in  the  United  States  legicide  is 
manifestly  on  the  decline.  Finally,  the  Swiss 
possess  in  the  referendum  a  popular  instrument 

1  Arts.    103    in   new   form;    IV  ii.   ru/f-    fVnra/taiifj-  «. 
Diruplintrtrrubtstcrkrit,   Art     11411;     A.  S.  XXX.  659. 

[177] 


GOVERNMENT  OF  SWITZERLAND 

fnr  use  against  legislative  usurpation,  and  to 
that  extent  do  not  need  the  protection  of  con  MS 
which  might  themselves  develop  too  exalted 
notions  of  their  powers. 

SELECTED  BIBLIOGRAPHY 

ADAMS,  F.  0.,  and  CUNNINGHAM,  C.  D.  "The  Swiss  Con- 
federation," Ch.  V  (The  Federal  Tribunal). 

LOWELL,  A.  L.  "Governments  and  Parties  in  Continental 
Europe,"  Vol.  II,  pp.  214-220. 

MOSES,  B.  "The  Federal  Government  of  Switzerland," 
Ch.  VI  (The  Judiciary). 

VINCENT,  J.  M.  "Government  in  Switzerland,"  Ch.  XV 
(The  Federal  Judiciary). 

WOLFE,  A.  J.  "Commercial  Laws  of  Switzerland."  U.  S. 
Department  of  Commerce,  Special  Agents  Series,  No. 
150.  1917.  (Jurisdiction  of  the  several  courts,  business 
law.) 


CHAPTER  VIII 

8WI88    FEDERAL    FINANCE 

THERE  are  a  number  of  striking 
Lirities  between  the  finance  systems  of 
Switzerland  and  the  United  States.  Primarily 
most  of  these  go  back  to  the  federal  form  of 
government  common  to  the  two  countries,  and 
the  consequent  necessity  of  finding  sources  of 
revenue  for  the  central  government  apart  from 
those  drawn  upon  by  the  cantonal  and  com- 
nuinal  governments.  In  both  Switzerland  and 
the  United  States  the  same  general  solution  of 
the  problem  was  attempted;  namely,  the  setting 
aside  of  indirect  taxes  for  the  use  of  the  federation, 
and  the  retention  of  direct  taxes  for  the  use  of 
the  cantons,  With  us  the  old  distinction  is 
breaking  down  and  the  central  government  is 
reaching  over  more  and  more  into  the  preserves 
of  the  states.  So  far  the  Swiss  have  guarded 
the  separate  cantonal  field  more  jealously,  but 
under  present  conditions  it  is  doubtful  if  they 

continue  to  do  so. 

There  are  other  resemblances  of  a  less  funda- 
mental character  between  the  fiscal  systems  of 
the  two  countries.  Although  scarcely  so  "para- 
mount" an  issue  as  it  was  at  one  time  in  the 
United  States,  the  question  of  protection  has 
a  great  deal  of  contention  in  Swiss  polr 

C'79] 


GOVERNMENT  OF  SWITZERLAND 

1  urther,  according  to  Professor  Seligman,  Swit- 
zerland is  "the  only  European  country  where 
the  general  property  tax  still  plays  an  important 
role." !  Finally,  it  must  be  confessed  that  in 
irzerland  as  in  America  the  gentle  art  of  tax- 
dodging  is  by  no  means  unknown. 

sources  According  to  the  constitution  the  expenses 
federal  °^  ^  Deration  shall  be  met  (a)  from  the  in- 
tncome  come  of  federal  property;  (b)  from  the  proceeds 
of  the  federal  customs;  (c)  from  the  proceeds  of 
posts  and  telegraphs;  (d)  from  the  proceeds  of 
the  powder  monopoly;  (e)  from  half  of  the  gross 
receipts  from  the  tax  on  military  exemptions 
levied  by  the  cantons;  and  (0  from  the  con- 
tributions of  the  cantons,  which  shall  be  deter- 
mined by  federal  legislation,  with  special  reference 
to  their  wealth  and  resources.2 

As  stated  in  the  constitution,  this  is  a  decidedly 
imposing  array  of  resources,  but  upon  analysis 
it  shrinks  considerably.  Contributions  by  the 
cantons  recall  the  old  regime  when  the  small 
sums  necessary  for  the  support  of  the  diet  were 
thus  procured.  An  ideal  system  for  the  appor- 
tionment of  such  contributions  under  the  present 
federal  government  was  worked  out  in  1875,* 
but  the  central  authorities  have  never  asked  for 
assistance  on  this  basis.  Posts,  telegraphs,  and 
telephones  yield  moderate  returns.  The  purpose 
of  the  powder  monopoly  established  in  1848 

1  "  Essays  in  Taxation,"  p.  568.  *  Art.  42. 

1  Vincent,  p.  243. 

[180] 


SWISS  FEDERAL  FINANCE 

was  not  to  secure  revenue  but  to  assure  the 
government  adequate  supplies  for  all  purposes 
tins  milit.u',  necessity.  Blasting  powder 
is  not  included.  However,  the  monopoly  has 
been  made  to  produce  a  small  net  profit  annually. 
Receipts  from  the  military  exemption  tax  law 
are  not  large.  They  amounted  to  a  little  over 
a  million  francs  a  year  in  the  beginning,  increas- 
ing to  2,i43,CK  s  in  1910.  As  to  the 
income  from  federal  property,  it  must  be  remem- 
bered that  the  new  central  government  possessed 
very  little  property  at  the  time  of  its  creation 
1848.  All  in  all,  therefore,  in  spite  of  the 
number  of  different  sources  of  revenue  enumer- 
ated in  the  constitution,  the  real  burden  of 
providing  for  the  expenditures  of  the  federation 
devolved  very  largely  upon  one  of  them  — 
namely,  the  federal  customs. 

In  accordance  with  its  modest  financial  cxpec- 
>ns,  the  new  federal  government  expended 
in  its  first  year  only  six  and  a  half  million  francs. 
Even  under  the  constitution  of  1848,  however, 
growth  was  vigorous.  In  1870,  the  gross  expendi- 
tures amounted  to  nearly  thirty-one  millions 
of  francs.  Since  1874,  the  rapid  addition  of  new 
federal  functions,  and  more  recently  the  develop- 
ment of  social  reform  policies,  have  brought  about 
a  degree  of  financial  expansion  that  could  scarcely 
have  been  foreseen  by  the  fathers  of  the  Swiss 
constitution.  From  the  following  table  a  sum- 
mary view  of  this  development  may  be  obtained: 

[•81] 


GOVERNMENT  OF  SWITZERLAND 
EXPENDITURES  OF  Swiss  FEDERAL  GOVERNMENT 


Expenditures  of 

Expendi- 
s  for 

-i        »V»»*»* 

Year 

Total  ex- 
penditures 

Postal 

Telegraph 
and 

Powder 

posts,  tele- 
graphs, 
tele- 

adminis- 
tration 

telephone 
adminis- 

mo- 
nopoly 

phones, 
and  power 

tration 

monopoly 

(francs) 

(francs) 

(francs) 

(francs) 

(francs) 

1880 

41,038,228 

»3.50i,575 

1,812,906 

604,561 

19,186 

1890 

66,688,381 

21,908,658 

3,266,834 

1,002,677 

40,510,212 

1900 

102,757,837 

33430463 

10,159.158 

1,210,501 

57,957,715 

1910 

161,330,520 

54,508,426 

15,820,917 

295,659 

90,705,518 

During  the  period  1880-1910,  expenditures 
for  postal  administration  grew  somewhat  more 
rapidly,  and  for  telephones  and  telegraphs 
much  more  rapidly,  than  gross  expenditures.  In 
1910,  the  two  branches  together  accounted 
for  43.5  per  cent  of  the  total.  As  for  the 
powder  monopoly,  its  expenditures  amounted 
to  less  than  one  fifth  of  one  per  cent  of  the 
total.  Normally,  of  course,  the  outlay  for 
these  three  branches  of  the  administration  is 
more  than  covered  by  the  income  they  yield. 
The  expenditures  of  the  federal  government 
for  all  other  branches  of  the  administration, 
as  shown  in  the  last  column  of  the  above  table, 

1  Not  including  federal  railways  or  alcohol  monopoly,  the 
administration  of  both  of  which  is  kept  separate  from  other 
branches  of  the  federal  government. 

[,82] 


SWISS  FEDERAL  FINANCE 


Ii 


1 


I; 


rt 


m 


•=2  J8 


o  »*\  r*.  *~\ 

2    ^^5 
S  !?  -    H- 


8 

-  t»\^M 


[•83] 


GOVERNMENT  OF  SWITZERLAND 

must  be  met  from  the  various  sources  enumerated 
in  the  constitution.  How  this  has  been  done  at 
various  dates  is  shown  in  the  table  on  page  183. 
In  1910  the  expenditures  of  the  federal  govern- 
ment, apart  from  posts,  telegraphs,  telephones, 
and  powder  monopoly,  amounted  in  round 
numbers  to  ninety  millions  of  francs.  Of  this 
sum  eighty  millions  were  raised  by  customs 
duties,  a  fact  which  brings  out  sharply  the 
large  measure  of  dependence  placed  upon  this 
one  source  of  revenue.  The  Swiss  tariff  yielded 
in  1910,  21.40  francs  per  capita  ($4.13),  as  com- 
pared to  a  corresponding  figure  of  $3.50  for  the 
United  States. 

From  Switzerland's  evolution  from  a  virtually  free- 

free  trade  tra(je  to  a  high  protective  tariff  system  is  most 
protec-  interesting.  Prior  to  the  adoption  of  the  federal 
tkmlsm  constitution,  import,  export,  and  sometimes 
transit  duties  were  levied  by  the  cantons.  They 
were  varied  and  confusing,  but  not  particularly 
high.  The  cantons  relinquished  the  power  of 
taxation  in  this  field  l  to  the  new  federal  govern- 
ment rather  reluctantly,  and  not  without  the 
stipulation  that  each  canton  should  receive  out 
of  the  customs  revenue  four  batzen  (about  eight 
cents)  per  head  of  its  total  population  annually.2 
This  payment  continued  until  the  financial 
adjustment  between  federation  and  cantons  at 

1  Except  as  to  wines  and  other  liquors.     See  Art.   32, 
Constitution  of  1874. 

*  Constitution  1848,  Art.  26. 


1SS  FEDERAL  FINANCE 

the  constitutional  revision  of  1874,  since  which 
date  the  entire  proceeds  of  the  customs  have 
remained  in  the  treasury  of  the  central  govern- 
men 

In  the  execution  of  this  power  the  federation 
was  enjoined  by  the  constitution  itself  that 
import  duties  on  raw  materials  and  necessaries 
of  life  should  be  as  low  as  possible,  and  that  the 
highest  rates  should  be  charged  on  luxuries.1 
Export  duties  also  were  to  be  as  low  as  possible. 
As  to  the  l.irt.i.  the  constitutional  rule  has 
been  followed.  Swiss  export  duties  are  few  in 
number  and  very  low.  During  the  infancy  of 
the  federal  government  its  financial  needs  were 
so  small  that  it  was  enabled  to  follow  the  essen- 
tially free-trade  maxims  of  the  constitution  with 
regard  to  import  duties  as  well.  In  1850,  for 
example,  the  revenue  from  the  tariff  amounted 
to  only  1.78  francs  ($.34)  per  capita.  As  the 
most  productive  source  of  federal  income,  how- 
ever, it  was  certain  to  be  drawn  upon  more  and 
more  heavily  as  the  new  government  developed 
;x)wers.  To  this  unavoidable  necessity  there 
was  added  later  a  demand  for  protection  coming 
from  the  agricultural  as  well  as  the  industrial 
sections  of  the  country.  Tariff  revisions  under- 
taken during  and  since  the  eighties  show  the 
ulative  effects  of  these  influences.'  At 


1  Constitution  1874,  Art.  30.  •  7Krf.t  Art.  39. 

'  Laws  of  June  26,  1884,  revised  December  7,  1887.  April 
10,  1891;  and  of  October  to,  1901. 


GOVERNMENT  OF  SWITZERLAND 

present  Switzerland  is  on  a  high  protective 
basis,  and  free  trade  has  vanished  from  the 
field  of  practical  politics.  In  1891,  and  again 
in  1903,  tariff  laws  increasing  rates  of  duty  were 
challenged  by  referendum  petitions.  Protec- 
tionism was  victorious  by  a  vote  of  nearly  two 
to  one  in  both  cases.  The  large  participation 
at  the  second  referendum,  when  more  than 
550,000  votes  were  cast,  makes  it  especially 
significant.  By  way  of  contrast  it  is  rather 
striking  that  after  generations  of  heated  tariff 
discussion  we  of  the  United  States  have  never 
yet  had  that  question  passed  upon  separately 
and  decisively  by  the  electorate.  It  is  conceiv- 
able that  such  a  decision  unmistakably  given  one 
way  or  the  other  might  do  much  to  clear  the  air 
and  relieve  our  national  politics  of  a  hackneyed 
political  issue,  as  it  did  in  Switzerland. 
The  The  military  exemption  tax  as  fixed  by  the 

mmur7      federal  law  of  June  28,  1878,*  includes  (i)  a  poll 

exemption  - 

tax  tax  of  six  francs;    (2)  a  ij  per  cent  tax  on  net 

income;  and  (3)  a  ij  mill  tax  on  net  property. 
It  may  not,  however,  exceed  3000  francs  all 
together  in  the  case  of  any  one  person.  Incomes 
of  less  than  600  francs  annually,  and  property 
holdings  in  amounts  less  than  1000  francs,  are 
exempt.  Persons  exempted  after  eight  years' 
military  service,  or  between  thirty-two  and 
forty-four  years  of  age,  pay  one  half  the  rates 
stated  above  on  incomes  and  property.  During 

»  A.  S.  Ill,  571. 
C  186-] 


SWISS  FEDERAL  FINANCE 

years  when  a  large  part  of  the  army  is  mobilized, 
the  Federal  Assembly  may  double  the  tax. 

Owing  to  the  direct  character  of  the  military 
exemption  tax  law,  its  execution  was  left  to  the 
cantons,  subject  to  federal  supervision.  There 
has  been  a  great  deal  of  laxness  in  this  matter, 
which  was  corrected  in  part  by  the  federal  law 
of  March  29,  1901,  increasing  the  penalties  for 
non-payment.1  On  the  other  hand,  it  is  the  cus- 
tom to  collect  the  exemption  tax  from  loyal  Swiss 
n  abroad  and  therefore  unable  to  per- 
form military  service.  After  the  cantons  have 
aiscised  and  collected  the  tax,  they  turn  over  one 
half  the  gross  proceeds  to  the  federal  treasury. 

Another  tax  in  which  the  interest  of  the  feder- 
ation is  purely  that  of  legislative  uniformity 
and  convenience  is  the  license  tax  on  commercial 
travelers.1  It  amounts  to  150  francs  for  a  year, 
or  100  francs  for  half  a  year.  The  tax  is  collected 
by  the  cantons,  which,  after  deducting  four  per 
cent  to  cover  the  costs  of  collection,  transmit 
the  remainder  to  the  federal  authorities.  All 
that  the  latter  have  to  do  with  the  proceeds 
is  to  divide  them  among  the  cantons  in  pro- 
portion to  the  number  of  their  inhabitants. 

Although  contributing  nothing  to  the  federal    The 
treasury,  the  Swiss  alcohol  monopoly  is  of  great  Jjjj 
importance  from   the  administrative  and  social   mtm 
point  of  view.     By  an  amendment  to  the  con- 
stitution adopted  in   1885,*  the  federal  govern- 

•  A.  S.  XVIII,  695.       f  /*•*..  XIII,  43.       •  Art.  31  ii. 

[-87] 


GOVERNMENT  OF  SWITZERLAND 

merit  was  authorized  to  make  regulations  by  law 
for  the  manufacture  and  sale  of  distilled  liquors, 
including  alcohol  for  industrial  uses.  However, 
the  distillation  of  wine,  and  of  fruit,  berries, 
roots,  and  the  like,  which  is  carried  on  to  a  con- 
siderable extent  by  peasants,  was  exempted  from 
federal  legislation  as  to  manufacture  and  tax. 

A  law  based  upon  this  amendment  to  the 
constitution  and  providing  for  the  establishment 
of  an  alcohol  monopoly  was  challenged  by  tin- 
referendum,  but  on  May  15,  1887,  it  was  approved 
by  a  vote  of  nearly  two  to  one.1  While  the  cen- 
tral government  has  entire  control  of  the  mo- 
nopoly which  was  thus  created,  it  must  divide 
the  net  proceeds  among  the  cantons  in  proportion 
to  their  population.  Out  of  what  is  paid  to  them 
from  this  source  the  cantons  are  required  to 
expend  not  less  than  one  tenth  to  combat  alco- 
holism in  its  causes  and  effects. 

One  of  the  purposes  behind  the  creation  of 
the  alcohol  monopoly  was  the  suppression  of 
a  large  number  of  small-scale  distilleries  which 
flourished  in  certain  parts  of  the  country,  each  of 
them  a  center  of  demoralization  locally.  This 
was  promptly  accomplished,  sixty-eight  plants 
being  retained  for  the  purpose  of  the  govern- 
ment, while  over  1200  establishments  were 
closed.  Owners  of  the  latter  received  indem- 
nities based  upon  the  minimum  value  of  their 

1  A  translation  of  this  law  may  be  found  in  U.  S.  Consular 
Reports,  No.  8 1,  pp.  45-48  (1887). 

[188] 


SWISS  FEDERAL  FINANCE 

plants,  good-will  not  included.  All  together, 
3,655,050  francs  were  paid  out  in  this  way, 
an  average  of  about  $600  for  each  di  hat 

was  i-loscil. 

II  .moflui  .ii-umcnt  in  favor  of  the  monopoly 
was  th.it  ir  would  provide  a  purer  grade  of  liquor 
than  private  enterprise,  thus  inflicting  less  damage 
upon  drinkers  who  could  not  be  deterred  from 
its  use.  The  government  succeeded  only  too 
well  in  realizing  this  end.  Shortly  after  it  took 
over  the  business  the  topers  of  the  country 
began  complaining  that  they  missed  the  familiar 
flavor  of  fusel  in  their  "Schnapps."  To  meet 
these  complaints  the  government  was  obliged 
to  adulterate  its  own  product  with  }  per  mille 
of  fusel  oil  —  this  quantity  being  too  small,  it 
is  said,  to  be  harmful. 

as  urged  that  the  alcohol  monopoly   BM 
would  curtail  the  consumption  of  distilled  liquor   eoM 
by  raising  its  price.     As  to  raising  the  price  there   at 
can   be   no   doubt  whatever,  but    there  is  con- 
siderable   difference    among    authorities    as    to 

icr  alcoholism  is  on  the  decline  in  Switzer- 
land. It  must  be  remembered  that  home-made 

I  and  beer  are  not  included  under  the 
federal  monopoly;  also  there  is  some  smuggling 
of  liquor  into  the  country.  The  best  opinion 
seems  to  be  that  there  has  been  some  decline 
of  consumption  as  a  result  of  tru  prices 

d  by  the  government.  Considering  the 
rapid  increase  of  alcoholism  that  is  taking  place 

[•89] 


GOVERNMENT  OF  SWITZERLAND 

among  neighboring  peoples,  the  Swiss  doubtless 
have  reason  to  congratulate  themselves  upon 
the  moderate  results  obtained  in  this  way  by 
the  monopoly.1 

Methods        Vice,  as  was  noted  above,  is  made  to  contribute 
01  ,         to  virtue's  cause  in  Switzerland  by  the  legislative 

combating 

proviso  that  the  cantons  must  expend  ten  per 
cent  of  their  receipts  from  the  profits  of  alcohol 
in  combating  alcoholism.  A  great  variety  of 
experiments  have  been  made  along  this  line, 
including  (i)  the  maintenance  of  orphan  asylums, 
of  institutions  for  youthful  offenders,  and  for 
weak  and  epileptic  children;  (2)  care  of  the 
indigent  insane  in  asylums  and  relief  of  those 
dependent  upon  them;  (3)  improvement  of  the 
people's  food  supply  by  founding  and  support- 
ing consumers'  cooperative  associations,  people's 
kitchens,  etc.;  (4)  vacation  colonies  for  poor 
children  and  the  furnishing  of  wholesome  food 
to  the  latter;  (5)  popular  instruction  regarding 
the  devastation  wrought  by  alcohol  on  the  one 
hand  and  the  beneficent  results  of  temperance 
and  saving  habits  on  the  other,  as  well  as  dis- 
tribution of  good  literature  and  the  foundation 
and  support  of  reading  rooms;  (6)  establishment 
and  support  of  institutions  for  the  treatment 
of  drunkards;  and  (7)  subsidies  to  temperance 
associations.  Other  purposes  for  which  the 
money  is  used  are  (i)  maintenance  of  penal  and 
reformatory  institutions;  (2)  support  of  dis- 
1  Clerget,  "La  Suissc  au  XXc  Siecle,"  p.  81. 

[190] 


SWISS  FEDERAL  FINANCE 


rged  prisoners;   and  (3)  relief  in  kind  for  poor 
velen.1 

Just  how  far  these  numerous  and  divergent 
methods  of  moral  prophylaxis  prevail  to  t 
the  people  against  alcohol  it  is  difficult  to  say. 
in  1903,  they  rejected  decisively  a  constituti 
amendment  proposed  by  the  Federal  Assembly 
which  would  have  increased  the  limits  of  free 
trade  in  spirituous  liquors,  other  than  distilled, 
i  two  to  ten  liters,  —  in  other  words  a  meas- 
ure to  wipe  out  the  notorious  "two-liter  inns" 
of  the  country.  On  the  other  hand,  the  initiative 
was  successfully  employed  in  1908  to  banish 
absinthe.  Swiss  temperance  advocates  are  in- 
clined to  believe  that  the  official  classes,  seeing 
scant  likelihood  of  equivalent  revenue  from 
other  sources  than  the  alcohol  monopoly,  are 
for  that  reason  somewhat  less  inclined  to  combat 
effectively  the  use  of  liquors. 

Financially    the    alcohol    monopoly    has    been 
very  productive,  as  the  following  figures  show: 

FINANCIAL  RESULTS,  SWIM  ALCOHOL  MoNoroLY 


Year 

Receipts 

Expenditures 

I'r  .ht« 

1890 
1900 
1910 
1915 

(frmnct) 
I3.773.S96 
13.036,295 
17,916,128 
i*699tf* 

(franct) 
6,77*.*70 
6,680,759 
8^71,677 

7.549.7*5 

(francs) 

6.995.316 
6,355.536 
9,644.451 
7.349*43 

>  Buickhwdt,  "Kommenuf."  ad  ti,  p.  190. 


GOVERNMENT  OF  SWITZERLAND 

The  monopoly  is  required  by  law  to  pi<Kin<> 
one  fourth  of  its  supply  of  alcohol  from  domestic 
producers.  Most  of  this  is  made  from  potatoes, 
which  are  not  produced  in  sufficient  quantities 
in  Switzerland  to  meet  food  demands.  Domestic 
alcohol  costs  the  monopoly  80  to  90  francs 
a  hectoliter,  or  three  or  four  times  as  much  as 
the  supply  purchased  abroad.  The  monopoly 
sells  alcohol  in  quantities  of  not  less  than  150 
liters  at  prices  ranging  from  120  to  150  francs. 
Otherwise  wholesale  trade  is  free.  If  beer  were 
included  under  the  monopoly  or  adequately 
taxed,  it  could  be  made  to  yield  large  revenues. 
Regulation  of  the  retail  trade  in  liquor  and  the 
licensing  of  drinking  places  is  in  the  hands  of  the 
cantons. 

Coin*i«  Switzerland  has  been  a  member  of  the  Latin 
Monetary  Union  since  its  foundation  in  1865, 
and  thus  possesses  a  coinage  basically  the  same 
as  that  of  France,  Italy,  Belgium,  and  Greece. 
By  the  constitution  of  1874,  the  federation  was 
given  the  power  to  regulate  by  law  the  issue  and 
redemption  of  bank  notes,  but  it  was  specifically 
prohibited  from  creating  a  monopoly  for  the  issue 
of  such  notes.  This  left  the  numerous  banks 
chartered  by  the  cantons  actually  in  control 
of  the  field.  In  1880,  advocates  of  a  national 
bank  endeavored  to  amend  the  constitution  by 
initiative,  but  were  unsuccessful,  as  a  general 
revision  was  declared  to  be  necessary  to  accom- 
plish this  specific  purpose.  Eleven  years  later 


SUISS  FEDERAL  FINANCE 

the  movement  succeeded.  In  its  new  form 
Article  39  of  the  constitution  confers  the  right 
to  issue  bank  notes  and  other  similar  paper 
non  Uisively  upon  the  federation.  The 

exercise  of  this  power  may  be  intrusted  to  a 
national  bank  with  a  special  administration  of 
its  own,  or  to  a  central  joint-stock  bank  under 
government  cooperation  and  supervision.  At 
least  two  thirds  of  the  net  profits  of  the  bank 
over  and  above  a  reasonable  interest  or  dividends 
upon  its  capital  stock  and  the  necessary  addi- 

M  to  its  reserve  fund,  must  go  to  the  cantons. 
The  bank  and  its  branches  are  to  be  subject  to 
no  taxation  in  the  cantons. 

One  law  designed  to  carry  out  the  provisions 
of  this  amendment  in  the  form  of  a  bank  wholly 
under  federal  control,  was  defeated  at  the  referen- 
dum of  February  28,  1897,  chiefly  owing  to 
cantonal  jealousy.  After  a  number  of  attempts 
tins  objection  was  successfully  overcome  by  the 
of  October  6,  1906,*  which  permitted  the 
cantons  and  former  banks  of  issue,  thirty-four 
in  number,  to  take  out  stock  in  the  new  national 
bank  to  the  extent  of  two  fifths  and  one  fifth, 
respectively,  of  its  total  capital.  Dividends 
are  limited  to  four  per  cent.  While  the  feder- 
ation itself  took  no  stock,  it  is  in  full  cor. 
of  the  administration  of  the  bank. 

With   headquarters  in    Bern   and   Zurich,   the 

»  A.  S.  XXII,  47. 

[193] 


GOVERNMENT  OF  SWITZERLAND 

The  new  new  bank  opened  its  doors  on  June  20,  1907. 
It  has  been  a  pronounced  success  not  only  finan- 
cially, but  in  its  larger  purposes  of  providing 
a  uniform,  elastic  currency  and  stabilizing  the 
credit  of  the  country.  In  1913  the  bank  yielded 
net  profits  amounting  to  3,487,080  francs,  and 
its  business  has  largely  increased  subsequently. 
By  its  wise  and  determined  policy  at  the  outbreak 
of  the  war  it  brought  a  threatened  financial 
panic  to  a  speedy  end.  As  the  agent  of  the 
government  in  its  difficult  tasks  of  war  finance, 
particularly  in  floating  the  mobilization  loans, 
the  new  national  bank  has  proved  itself  one  of 
the  strongest  foundation  stones  of  the  whole 
federal  structure. 

other  Monopolies  of  other  lines  of  business  have 

ono  ue«^recJuent^y  been  proposed  in  Switzerland.  A 
match  monopoly  was  voted  down  at  a  referen- 
dum, September  29,  1895.  One  of  the  principal 
purposes  for  which  it  had  been  proposed  was  the 
abolition  of  the  horrible  trade  disease  known  as 
necrosis  or  "phossy  jaw."  This  end  was  accom- 
plished in  another  way  by  the  enactment  of  a 
law,  November  2,  1898,  prohibiting  the  manu- 
facture, importation,  exportation,  and  sale  of 
matches  made  of  white  phosphorus,  and  pre- 
scribing other  safeguards  for  the  health  of  workers 
in  this  industry.  Owing  to  a  conflict  with  Ger- 
many in  regard  to  flour,  a  monopoly  of  flour 
and  grain  has  been  under  consideration  since 
1909.  The  war  has  led  to  the  establishment, 
C  194] 


SWISS  FEDERAL  FINANCE 

temporarily  at  least,  of  monopolies  in  this  and 
other  foods.  A  tobacco  monopoly  was  sug- 
gested by  the  Federal  Council  in  1899  as  a  source 
of  revenue  for  workingmen's  insurance.  War 
conditions  have  again  brought  this  proposal 

he  front  as  a  source  of  general  revenue. 
Preparation  of  the  annual  budget  is  intrusted 

lie  Federal  Council,  most  of  the  work  being 
donc-j  of  course,  in  the  department  of  finance 
and  customs.  It  must  be  completed  and  sub- 
mitted to  the  finance  committees  of  the  two 

ses  at  least  a  month  before  the  December 
session  in  ulmh  it  is  voted.  The  chairmen  of 

committees  report  on  the  budget  at  consider- 
able length  in  presenting  it  to  the  legislative 
bodies.  It  is  discussed  very  freely  from  the 
floor.  The  head  of  the  department  of  finance 
is  constantly  present  to  answer  questions  and 
objections.  In  the  interests  of  their  own  appro- 
priations the  heads  of  other  departments  are 
also  frequently  heard.  The  whole  budget  is 
gone  over  in  regular  order  and  the  most  minute 
detail.  No  item  is  too  small  for  criticism.  It 
is  not  uncommon  for  items  to  be  reduced  or 

\vn  out  entirely,  but  except  in  very  rare 
cases  such  votes  are  not  held  to  require  the 
resignation  of  the  Federal  Council  or  any  of  its 

nbers,  or,  for  that  matter,  as  involving  any 
censure  upon  them. 

By  the  budget  for  the  year   1914*  which   as 
the  last  one  drawn  up  prior  to  the  war  may  be 

[•95] 


GOVERNMENT  OF  SWITZERLAND 

taken  as  normal,  appropriations  were  made  as 
follows:  interest  and  sinking  fund,  9,313,700 
francs;  general  administration  (i.e.,  expenses 
of  National  Council,  Council  of  States,  Federal 
Council,  Federal  Chancellor,  and  Federal  Court), 
1,605,700  francs;  and  the  departments  as  fol- 
lows: political,  1, 1 87,544  francs;  interior,  16,639,- 
540  francs;  justice  and  police,  2,353,025  francs; 
military,  45,752,790  francs;  finance  and  customs, 
9,677,240  francs;  commerce,  industry,  and  agri- 
culture, 16,581,971  francs;  posts  and  railways, 
572,480  francs;  miscellaneous,  1,756,010  francs; 
total,  105,440,000  francs.  Of  this  total  the 
military  department  alone  expended  forty-three 
per  cent,  the  two  departments  of  the  interior 
and  of  commerce,  industry,  and  agriculture, 
nearly  sixteen  per  cent  each. 

Effect  Prior  to  the  outbreak  of  the  European  war  the 

financial  system  of  the  Swiss  federation  seemed 

war  on  ... 

Swiss  to  be  attaining  satisfactory  results.  Counting 
in  railroads  and  the  alcohol  monopoly,  the 
government  spent  in  1910,  all  together,  the 
relatively  large  amount  of  three  hundred  million 
francs.  All  of  this,  however,  except  ninety 
millions  was  returned  by  the  ordinary  receipts 
of  the  business  undertakings  in  which  the  state 
was  engaged,  and  the  profits  of  these  further 
reduced  the  burden  of  taxes  by  four  and  a  half 
millions.  There  was  no  complaint  of  extrava- 
gance or  corruption  in  any  branch  of  the  admin- 
istration. The  national  debt  was  moderate, 

[-96] 


SWISS  FEDERAL  FINANCE 

amounting  to  124,430,000  francs  in  1910.'  On 

Jeral  Fortune,"  or  state 

property,  was  valued  the  same  year  at  236,582,- 
750  francs.  This  does  not  include  special  funds 
and  foundations  for  beneficent  purposes  in  the 
hands  of  the  federation,  amounting  to  no,- 
075,250  francs.  Relying  as  the  central  govern- 
ment did  largely  upon  customs  duties,  the  people 
scarcely  felt  the  burden  of  its  support.  "The 
earlier  flourishing  finances  of  the  federation," 
as  President  Schulthess  said  in  a  recent  speech, 
"were  the  secret  of  its  popularity."1 

There  was»  however,  one  very  serious  defect 
in  the  system;  namely,  its  reliance  to  an  extreme 
degree  upon  the  revenue  from  customs.  Even 
time  of  peace  far-sighted  statesmen  had 
frequently  pointed  out  the  necessity  of  widening 
the  tax  basis  of  the  federal  government  in  order 
that  it  might  further  expand,  and  particularly 
that  it  might  meet  the  obligations  of  a  progressive 
policy  of  social  reforms.  Against  them,  however, 

•<•  constitutional  texts,  traditional  maxims, 
and  a  characteristically  democratic  aversion  to 
new  tax  burdens.  It  was  a  fiscal  system  that 
was  just  keeping  its  nose  above  water  upon  which 
tin  war  broke  in  1914. 

With  the  outbreak  of  hostilities,  imports  into 

1  1'rr  capita,  33. 25  franc*  ($6.42).     For  the  same  year  the 
debt  of  our  own  federal  government  amounted  to  III. 35  per 
ca. 
BtT*tT  £*W,  May  21,  1917. 

[•97] 


GOVERNMENT  OF  SWITZERLAND 

Suit/riland  fell  off  largely,  and  with  them,  of 
course,  the  revenue  from  customs.  Industry 
was  crippled,  tourists  left  the  country,  and 
railroads,  posts,  and  telegraphs  suffered  in 
sympathy.  Some  recovery  there  has  been,  but 
not  enough  to  offset  materially  the  increase  in 
certain  unavoidable  items  of  federal  expendi- 
tures. Chief  among  these  is  the  cost  of  mobili/.- 
ing  a  large  part  of  the  army  for  the  protection 
of  the  boundaries  and  the  maintenance  of 
neutrality.  To  the  end  of  May,  1917,  the  debt 
on  this  score  alone  amounted  to  575,000,000 
francs,  and  this  enormous  total  was  increasing 
by  at  least  fifteen  million  francs  a  month.  Def- 
icits from  the  ordinary  operations  of  the  govern- 
ment, for  the  war  years  1914  to  1917  inclusive, 
amount  to  125,000,000  francs.1  Interest  and 
sinking  fund  charges  to  retire  this  new  debt 
totaling  seven  hundred  millions  within  forty 
years  would  require  forty-five  million  francs 
annually.  As  a  result  of  this  mountain  of  debt, 
which  the  war  is  heaping  ever  higher,  the  system- 
atic reform  of  federal  finances  has  become  the 
paramount  issue  of  Swiss  politics. 

Some  partial  steps  have  already  been  taken  to 
this  end.  In  all  government  services  economies 
have  been  undertaken  except  as  regards  high- 
prices-increments.  The  war-exemption  tax  has 
been  doubled.  Fees  for  export  privileges  and 

1  This  does  not  include  the  deficits  from  the  operation  of 
the  federal  railroads.  See  Chapter  IX. 

[•98] 


1SS  FEDERAL  FINANCE 

profits  on  the  various  state  monopolies  have 
also  contributed  something.  Small  returns  have 
even  been  secured  from  the  new  war-time  food 
monopolies,  although  these,  of  course,  are  oper- 
ated primarily  not  for  profit  but  to  keep  prices 
down  and  to  assure  a  sufficient  supply  to  the 
masses  of  the  people. 

On  June  6,  1915,  a  most  remarkable  amend-  TIM 
mcnt    to    the    constitution    was    adopted    by    a   ^*" 

nigh  unanimous  vote  of  people  and  cantons.1   w 
It    permitted    the   federal    government    to   defy   **" 
tradition  once  by  laying  a  direct  tax  on  incomes 
and    property.     The   subjects   of  this   tax,    the 
rates,  which  were  to  be  progressive  in  character, 
and  the  exemptions  to  be  allowed  were  all  stated 
in  considerable  detail  in  the  amendment  itself. 
Moreover,    it    was    specifically    provided    that 
after  the  tax  had  been  levied  once,  the  amend- 
ment authorizing  it  was  to  cease  to  be  effective. 

The  tax  law  enacted  under  this  amendment  * 
provided  for  progressive  rates  ranging  from  one 
per  mille  on  properties  valued  between  ten  and 
fifteen  thousand  francs  up  to  fifteen  per  milli- 
on properties  valued  at  2,300,000  francs  and 
over.  It  also  provided  for  rates  rising  from  one 
half  of  one  per  cent  on  incomes  of  between  2500 
and  2700  francs  to  eight  per  cent  on  incomes 
exceeding  160,000  francs.  As  a  revenue  pro- 
ducer this  measure  exceeded  anticipation,  yield- 

«  A.  S   XXXI,  336. 

•  Ibid.,  XXXI,  445,  Law  of  December  aa,  K  I 

[199] 


GOVERNMENT  OF  SWITZERLAND 

ing  all  together  ninety  million  francs.  But  it 
was  open  to  one  serious  defect;  namely,  that  by 
accepting  it  the  federation  morally  bound  itself 
not  to  trench  a  second  time  upon  the  tax  pre- 
serves of  the  cantons. 

Th«  WM-  Although  the  income  from  the  "one-time  war 
proflti  tax  tax"  was  unexpectedly  large,  it  became  necessary 
to  open  up  new  sources  of  revenue  almost  imme- 
diately. The  next  step  was  the  enactment  of 
a  war-profits  tax.1  This  is  levied  against  the 
profits  made  since  January  I,  1915,  by  business 
undertakings  in  excess  of  their  average  profits 
for  the  last  two  business  years  completed  before 
July  I,  1914.  A  minimum  of  such  excess  profits 
up  to  10,000  francs  and  ten  per  cent  of  the  average 
profits  earned  before  the  war  is  exempted.  From 
profits  above  these  limits  the  state  takes  twenty- 
five  per  cent.  The  war-profits  tax  is  expected  to 
yield  nearly  ninety  million  francs  for  the  two 
years  1915  and  1916.  Nine  tenths  of  this  is  to 
go  to  the  federation,  one  tenth  to  the  cantons. 
The  In  1917,  the  constitution  was  again  amended  2 

iu^1*1       to   P6"™1  the  federation   to  levy  a  stamp  tax 
tax  on   securities,    receipts   for   insurance   premiums, 

bills  of  exchange,  freight  bills,  and  other  com- 
mercial papers  exclusive  of  those  employed  in 
real  estate  transactions  and  the  mortgaging  of 
real  estate.  Out  of  the  net  income  from  the 
tax  authorized  by  this  amendment,  one  fifth 

i  A.  S.  XXXII,  351,  Law  of  September  18,  1916. 
*  Art.  41  ii.     Adopted  May  13,  1917. 
[200] 


SWISS   FEDERAL  FINANCE 

is  to  be  paid  to  the  cantons.  It  is  expected  to 
!J  between  fourteen  and  fifteen  million  francs 
annually.  Not  the  least  of  the  advantages  of 
this  new  fiscal  measure  is  the  fact  that  it  will 
establish  a  single  federal  tax  uniform  throughout 
the  whole  count r\,  m  place  of  the  fourteen 
widely  divergent  cantonal  taxes  now  in  effect. 

Although  the  new  stamp  tax  will  be  paid  almost 
entirely  by  the  propertied  classes,  it  was  opposed 
by  the  Socialists.  They  favor  heavy  direct 
progressive  taxes  on  income  and  property  as  a 
means  of  meeting  the  present  financial  neces- 
sities of  the  federation,  and  have  recently  pro- 
posed by  initiative  an  amendment  to  that  effect. 
Leaders  of  the  other  parties  assert  that  property 
and  incomes  are  already  taxed  stiffly  enough 
by  the  cantons.  1  -mr  her,  they  hold  that  an 
invasion  of  this  field  by  the  central  government 
would  mean  the  undermining  and  ultimate 
disappearance  of  the  cantons.  "  L'impot  direct 
ffdfral  strait  la  fin  dts  cantons."  At  present, 
when  Switzerland  is  torn  by  racial  sympathies 
i  the  belligerents  on  both  sides  of  the  great 
war,  it  would  be  extremely  dangerous,  in  the 
opinion  of  the  non-Socialists,  to  advocate  tax 
measures  which  could  be  interpreted,  especially 
in  the  French  and  Italian  sections  of  the  country, 
as  involving  an  assault  upon  cantonal  autonomy. 

In  addition  to  the  foregoing  tax  proposals, 
the  Federal  Council  advocated  the  creation  of 
a  tobacco  monopoly  whereby  it  was  hoped  to 

[aoi] 


GOVERNMENT  OF  SWITZERLAND 

realize  twenty  million  francs  a  year.1  Consid- 
erable opposition  was  developed  to  this  project 
in  the  legislative  commission  to  which  it  was 
referred,  and  the  idea  of  a  monopoly  has  been 
abandoned  in  favor  of  heavy  tobacco  taxes. 
The  Federal  Council  has  also  proposed  the 
extension  of  the  alcohol  monopoly  to  include 
liquors  distilled  from  wine,  fruits,  and  roots. 
It  is  estimated  that  three  million  francs  a  year 
might  be  obtained  in  this  way.  By  a  reform 
of  the  military  exemption  tax,  which  has  re- 
mained the  same  since  1878,  an  additional  two 
millions  might  be  secured.  If  the  war  continues 
far  into  1918,  however,  all  these  new  sources 
combined  will  prove  inadequate. 

The  The    problems   of   Swiss    federal    finance    are, 

future  of  therefore,  by  no  means  solved  at  the  present 
time.  They  are  very  serious  problems,  but  there 
seems  to  be  no  doubt  of  the  ability  of  the  coun- 
try to  provide  the  necessary  resources.  On  the 
whole,  the  leadership  of  the  Federal  Council 
has  been  admirable.  Possibly  more  might  have 
been  accomplished  by  the  earlier  advocacy  of 
a  systematic  reorganization  of  the  fiscal  system. 
Some  delay  was  occasioned  by  the  plea  that 
it  would  be  impossible  to  determine  how  much 
new  taxation  was  necessary  until  the  end  of  the 
war.  After  four  years  of  war,  however,  it  is 
manifest  that  reform  must  begin  at  once,  regard- 

1  Botscbaft    des    Bundtsrats    uber    die     Tabakbtsteutrung, 

Zurchfr  Ztitung,  March  5,    1917. 
[202] 


SWISS  FEDERAL  FINANCE 

lest  of  the  tize  of  the  bunim  ultimately  to  be 
shouldered.  The  present  problem  it  largely 
that  of  educating  the  people  to  meet  the  A 
ation  promptly  and  adequately.  Heavy  at 
Swit/t  rl.tiul's  iltlx  \sill  no  doubt  prove  to  be, 
it  \\ill  not  be  to  great  in  proportion  at  the  debtt 
of  the  powers  which  actually  engaged  in  the  war. 

SELECTED  BIBLIOGRAPHY 

BULLOCK.  C.  J.    "The  General   Property  Tax  in   Switier- 

Und."     In  M  State  and  Local  Taxation;    Fourth  Inter- 

national  Conference,"  pp.  53-86  (1911). 
DAWtoN,  V-     il        Social  Switzerland,"   Part  VI   (Control 

of  the  Drink  Traffic). 

LANDMANN,  J.     "Swiss    Banking   Law."    With  text  of  the 
ral  Banking  Act  of  October  6,  1905.    U.  S.  Saute 

Doc.  No.  401,  6ist  Congress,  ad  Session. 
LLOYD.  H.  D.    "A    Sovereign    People,"    Ch.    VIII    (The 

Nationalization  of  the  Alcohol  Trade). 
Mosis,  B.     "The    Federal    Government    of    Switzerland," 

Ch.  IX  (Army  and  Finances),  Ch.  XI  (The  Common 

Property). 

:*AM,  E.  R.  A.    "Essays  in  Taxation,"  Ch.  XII.  I't 

IV  (European  Literature  on  Taxation;  Switzerland). 

EKT,  J.  M.    "Government  in  Switzerland,"  Ch.  XIX 

(Federal  Finance). 


[303] 


CHAPTER  IX 

COMMUNICATION  AND  TRANSPOR- 
TATION: NATIONAL  OWNERSHIP 
AND  OPERATION  OF  RAILWAYS 

siowne««    TJ  AILROAD  beginnings  were  somewhat  later 

oMjegtn-     J_\^    jn  Switzerland  than  elsewhere   in    Europe. 

railroad      The  country  offered  no  large  economic  resources 

enterprise  fQT  exploitation,   the   physical   difficulties   to   be 

overcome    were    considerable,    and    finally    the 

political  disturbances  of  the  thirties  and  forties 

discouraged    large    investments.      Only    fifteen 

miles   of  railroad   were    in   operation   when   the 

constitution  of  1848  was  adopted. 

With  the  establishment  of  stable  political 
conditions,  interest  in  transportation  problems 
developed  rapidly.  The  new  constitution  con- 
ferred upon  the  federal  government  the  right 
of  expropriation,  and  also  the  right  to  construct 
at  its  own  expense  or  to  aid  by  subsidies  public 
works  in  the  interest  of  the  federation  or  a  large 
part  of  the  same.1  In  accordance  with  the 
first  of  these  grants  an  expropriation  law  was 
passed,  May  I,  1850.  Under  the  direction  of  the 
Federal  Council  a  study  of  the  railroad  needs 
of  the  country  had  already  been  undertaken  by 

1  Art.  21,  Constitution  of  1848;  Art.  23,  Constitution  of 
1874. 

[204] 


COMMUNICATION  AND  TRANSPORTATION 

a  body  of  experts,  and  in  the  autumn  of  the  tame 
year  a  thorough  technical  and  financial  report 
was  published. 

At  this  time  the  great  question  at  issue  was 
whether  the  construction  and  operation  of  the 
railroads  should  be  undertaken  by  the  federation 
alone,  or  by  the  federation  and  cantons  join* 
or  whether,  finally,  the  field  should  be  left  open 
to  private  capital.  The  financial  resources  of 
the  youthful  federation  were  so  undeveloped  as 
to  make  the  first  course  impracticable.  Joint 
action  by  federation  and  cantons  was  strongly 
favored  by  the  Federal  Council,  but  the  Federal 
Assembly,  fearing  the  risks  of  a  business  whose 
possibilities  were  at  that  time  only  dimly  per- 
ceived, decided  the  case  in  favor  of  private 
enterprise.1 

The  subsequent  history  of  railroads  in  Switzer- 
land may  be  divided  into  three  great  periods: 
(I)  Private  Enterprise  under  Cantonal  Control, 
1852-1872;  (II)  Private  Enterprise  under  Federal 
Control,  1872-1901;  and  (III)  National  Owner- 
ship and  Operation,  from  1901  on. 

1 .     Private  Enterprise  under  Cantonal  Control 
(1852-1872) 

Under  the  act  of  July  28,  1852,  the  federation  Tb« 

did  not  even  reserve  the  right  of  granting  fran-  JJjj" 

chises,  which  was  conferred  upon  the  cantons,  of  u 
1  Law  of  July  18,  1851. 


GOVERNMENT  OF  SWITZERLAND 

It  retained,  however,  certain  regulatory  func- 
tions, chiefly  to  insure  expedition  in  military 
movements.  Thus  in  1854  the  Federal  Council 
issued  an  "order  concerning  the  technical  unity 
of  Swiss  railways,"  which  fixed  the  standard 
gauge,  radius  of  curvature,  height  in  the  clear 
of  tunnels,  height  and  width  of  cars*  etc.  The 
law  of  July  28,  1852,  also  required  railroads  to 
carry  without  charge  letters  and  sealed  packages 
not  exceeding  5  kg.  (11  pounds),  to  carry  railway 
mail  cars  and  postal  clerks  free,  to  permit  the 
building  of  telegraph  lines  along  the  right  of 
way  without  compensation,  and  to  transport  the 
army  and  military  equipment  at  one  half  the 
lowest  regular  rates.  In  return  the  railroad 
secured  the  privilege  of  expropriation,  and  the 
right  to  import  free  of  duty  for  ten  years  rails 
and  other  equipment  and  supplies,  such  as 
wheels,  axles,  locomotives,  and  coal. 

On  their  part  the  cantons  exercised  the  fran- 
chise-granting powers  freely  and  with  rather 
marked  benevolence  to  the  private  railway 
companies.  In  addition  to  considerable  financial 
support,  the  latter  were  usually  granted  exemp- 
tion from  cantonal  and  communal  taxes,  and 
received  guaranties  that  competing  roads  should 
not  be  established  in  the  same  region  or  canton. 
These  two  valuable  rights,  which  have  been  sus- 
tained consistently  by  the  federal  courts,  gave 
rise  to  much  confusion  and  controversy  later. 
Considering  the  virtual  abdication  by  the  feder- 


COMMUNICATION  AND  TRANSPORTATION 

i  of  its  power  in  tins  fuLl  aiul  the  small 
size  of  the  cantons,  it  is  not  remarkable  that 
the  i.nlioad  companies  succeeded  in  withdraw- 
ing themselves  largely  from  the  supervision  both 
of  the  former  and  the  latter.  In  consequence 
there  was  frequent  complaint  regarding  the 
establishment  of  new  lines,  the  sale  of  existing 
lines  to  other  companies,  unsatisfactory  con- 
ncctions  at  junction  points,  rate  questions,  ;i 

rrary  handling  of  liability  cases  by  the 
companies.  For  the  regime  of  private  enterprise 
it  must  be  conceded,  however,  that  it  rapidly 
covered  the  country  with  a  network  of  railways 
more  extensive  than  that  contemplated  by  the 
plan  of  1850. 

Toward  the  end  of  this  period  neighboring  na- 
tions began  to  take  steps  toward  state  purchase 
of  railroads,  which  profoundly  influenced  public 
opinion  in  Switzerland.  The  project  of  building 
a  tunnel  through  the  St.  Gotthard,  which  came 
up  about  the  same  time,  was  manifestly  too 
large  for  cantonal  enterprise.  Accordingly  the 
federation  negotiated  a  treaty  with  Italy,  October 
15,  1869,  and  authorized  the  Federal  Council 
to  execute  its  provisions  through  the  Gotthard 
Railway  Company.  This  would  have  meant  the 
creation  of  two  kinds  of  railway  law,  one  for  the 
Gotthard  line,  the  other  for  the  remaining  rail- 
ways of  the  country.  Objection  was  made  by 
the  Federal  Council  to  this  dual  control,  and  on 
December  23,  1872,  a  new  federal  law  was 

[207] 


GOVERNMENT  OF  SWITZERLAND 

enacted    which     materially     changed    the    Swiss 
railroad  situation. 


II.   Private  Enterprise  under  Federal  Control 
(1872-1901) 

Th«  The  most  important  provision  of  the  law  of 

u^^T*  *^72  was  t^iat  trans^errmg  tne  franchise-granting 
i87i  power  from  the  cantons  to  the  federation.  It  is 
true  that  before  exercising  this  power  the  federal 
authorities  were  bound  to  consult  the  canton 
or  cantons  affected.  If  the  latter  protested, 
the  central  government  might  nevertheless  pro- 
ceed with  the  matter,  subject  to  the  right  of  the 
canton  to  build  and  operate  the  road  on  its  own 
account.  Other  important  powers  secured  to 
the  federal  government  by  the  law  of  1872 
included  supervision  of  construction  costs  and 
finances  generally;  the  right  to  compel  the  build- 
ing of  double  tracks,  extensions,  etc.,  with 
compensation  to  the  company;  the  collection  of 
an  annual  charter  fee  proportionate  to  the  net 
profits;  and  the  right  in  time  of  war  to  take 
over  and  operate  the  railroads,  subject  of  course 
to  compensation. 

Following  the  law  of  1872  there  was  much 
vigorous  federal  action  on  railroad  matters. 
One  year  later  it  became  necessary  to  establish 
a  special  department  of  railroad  and  trade  in 
the  Federal  Council.  Two  laws  passed  in  1878 
and  1889  dealt  with  pension  and  saving  funds, 


X 

z 


COMMUNICATION  AND  TRANSPORTATION 

and  another  law,  passed  in  1890,  with  hours  of 
labor.  Under  the  latter  heading  a  maximum 
day  of  twelve  hours  was  established,  with  a  rest 
of  one  hour  at  about  the  middle  of  the  period. 

ployees  were  also  given  fifty-two  days  free 
from  duty  each  year,  at  least  seventeen  of  which 
were  to  fall  on  Sundays.  Transportation  of 
ordinary  freight  (not  fast  freight)  was  prohibited 
on  Sundays. 

In  1873,  a  charter  law  defined  in  great  detail 
the  procedure  to  be  followed  in  this  field.  One 
of  its  provisions  required  a  majority  of  railroad 
directorates  and  other  committees  to  be  com- 
posed of  Swiss  citizens  residing  in  the  country. 
This  was  the  first  attempt  to  deal  with  foreign 
influence  in  railroad  management,  —  a  sore  point 

i  the  Swiss  from  the  start.  But  the  most 
important  of  its  provisions  dealt  with  the  purchase 
of  the  lines,  fixing  the  earliest  time  at  which  it 
could  take  place  at  May  I,  1893,  and  thereafter 

inv    tune,   three  years'   notice   to   be  given. 

s  date  was  chosen  because  it  coincided  with 
the  expiration  of  a  number  of  important  fran- 
chises. The  price  to  be  paid  was  stated  at 
twenty-five  times  the  average  annual  net  profits 
for  the  ten  years  immediately  preceding  the 
giving  of  notice.  Lower  ratios  were  stated  in 
case  purchase  did  not  take  place  earlier  than 
1918  or  1933.  In  no  case,  however,  was  the 

c  to  be  less  than  the  amount  originally  in- 
Tested,  minus  renewals  and  reserve  fun 

[209] 


GOVERNMENT  OF  SWITZERLAND 

Under  the  conditions  of  purchase  just  quoted, 
it  is  evident  that  exact  definition  of  the  terms 
"annual  net  profits"  and  "amount  originally 
invested"  becomes  a  matter  of  prime  impor- 
tance. Looseness  in  this  particular  might  so 
enhance  the  cost  of  the  roads  as  to  make  their 
purchase  by  the  government  an  act  of  supreme 
financial  folly.  To  guard  against  this  danger, 
the  federation  armed  itself  with  the  two  account- 
ing laws  of  1883  and  iSoXS.1  The  first  of  these 
aimed  primarily  to  secure  uniformity  and  exact- 
ness in  railroad  accounting,  the  second  to  define 
with  the  greatest  precision  and  detail  the  meaning 
of  annual  net  profits  and  capital  investments. 
In  case  of  differences  between  the  government 
and  the  private  companies,  appeal  could  be  taken 
to  the  federal  court.  Much  of  the  success  of 
nationalization  when  it  finally  came  about  was 
due  to  the  foundations  laid  by  these  two  laws. 

The  method  of  purchase  laid  down  in  the  legis- 
lation of  1873  did  not  preclude  the  employment 
of  other  methods.  One  of  these,  known  as  the 
"systeme  de  penetration,"2  consisted  simply 
in  the  purchase  of  shares  of  railroad  stock  by 
the  government  with  the  intention  of  securing 
a  controlling  interest.  Negotiations  to  this  end 

1  The  law  of  1896  was  sustained  by  referendum  vote,  Octo- 
ber 4  of  that  year.  English  translations  of  these  two  laws 
are  presented  in  Vrooman's  "American  Railway  Problems." 

*  Micheli,  "State  Purchase  of  Railways  in  Switzerland," 
p.  361. 

[210] 


COMMUNICATION  AND  TRANSPORTATION 

with  the  Northeastern  Company  broke  down  in 
1887-8,  but  a  few  years  later  the  federation 
obtained  a  large  block  of  stock  in  the  Jura- 
Sim  plon  road.  Encouraged  by  this  success, 
the  government  undertook  to  purchase  the  entire  ^ 
stock  of  the  Central  system.  But  the  referendum 
was  invoked  against  the  project,  and  on  Decem- 
ber 6,  1891,  it  was  defeated  by  a  vote  of  more 
than  two  to  one.  This  result  was  interpreted, 
fallaciously  as  the  referendum  of  1898  showed, 
to  indicate  popular  hostility  to  government 
ownership.  In  reality  it  was  due  to  the  wide- 
spread conviction  that  the  federation  was  being 
asked  to  pay  too  high  a  price  for  the  Central 
Railway  shares.  At  any  rate  the  referendum 
of  1891  put  an  end  to  the  policy  of  penetration. 
Thrown  back  upon  the  method  of  purchase 
proposed  in  1873,  the  Federal  Council  drew  up 
and  submitted  to  the  Assembly  on  March  25, 
1897,  a  bill  "concerning  the  acquisition  and 
operation  of  railways  on  the  account  of  the 
federation,  and  the  organization  of  the  adminis- 
tration of  the  Swiss  federal  railways."1  Follow- 
ing its  usual  practice  in  the  case  of  important 
lative  measures,  the  Federal  Council  accom- 
panied the  bill  wirh  an  extended  message  expl 
ing  and  defending  it  in  detail.1  After  exhaustive 

1  An  English  translation  may  be  found  in  Vrooman'i 
"American  Railway  Problem*,"  pp.  315-331. 

•  "Bouchaft  des  Bundeirati  an  die  Bundetversammlung 
betreffend  den  RQckkauf  der  Etsenbahnen  vom  a$.  Mire,  1897." 


GOVERNMENT  OF  SWITZERLAND 

discussion  and  comparatively  few  amendments 
by  the  two  houses,  the  bill  was  passed,  October 
!5»  1897.  The  "anti-acquisitionists"  at  once 
resorted  to  the  referendum,  and  the  matter  was 
thus  thrown  open  for  discussion  by  the  whole 
Swiss  people.  One  of  the  most  spirited  cam- 
paigns in  the  history  of  the  country  ensued. 
The  bill  was  supported  strongly  by  the  dominant 
Radical  party  organization,  and,  with  some 
reservations,  by  the  Socialists,  who  saw  in  rail- 
road nationalization  an  opportunity  "to  win 
out  of  capitalism  as  conquered  territory,  a  do- 
main which  has  up  to  the  present  time  remained 
subject  to  its  sway."  A  majority  of  the  Catholic 
Conservatives  and  Liberal  Conservatives  opposed 
purchase,  partly  on  economic  grounds,  partly 
because  they  feared  it  would  cause  an  enormous 
increase  of  power  in  the  hands  of  the  federal 
government.  On  February  20,  1898,  so  over- 
whelming a  majority  of  the  popular  vote  was 
cast  in  favor  of  national  ownership  and  oper- 
ation that  it  surprised  both  acquisitionists  and 
anti-acquisitionists.  Switzerland  thus  entered 
upon  the  biggest  economic  experiment  in  her 
history,  with  the  assurance  that  it  had  the  sup- 
port of  the  great  mass  of  the  people  behind  it. 


[212] 


COMMUNICATION  AND  TRANSPORTATION 

HI.      National    Ownership     and    Operation, 
(1901  on) 

The  law  of  1896  provided  specifically  for  the 
purchase  of  the  five  great  trunk  lines  of  Swit. 

rh  an  aggregate  length  <>t  i  <^s  miles.  A 
few  standard-gauge  roads  of  minor  importance, 
some  narrow-gauge  roads,  and  some  mountain 
roads  were  not  included,  but  the  government  was 
given  power  to  make  further  purchases  as  occa- 
sion warranted.  In  the  Federal  Council's  mes- 
sage the  total  cost  of  the  five  trunk  lines  was 
estimated  at  964,176,000  francs.  The  prices 
actually  paid  were  determined  by  agreement  in 
.ill  cases  except  that  of  the  Got t hard  Company, 
h  exercised  its  right  of  appeal  to  the  Federal 
Court.1  All  together  the  government  actually 
paid  1,065,127,000  francs  for  the  five  trunk 
lines,  the  excess  over  its  original  estimate  being 
due  to  no  error  of  calculation  but  to  the  rapid 
and  favorable  development  of  the  railroad  busi- 
ness after  purchase  had  been  decided  upon.1 
For  the  additional  one  hundred  million  francs 
corresponding  values  were  received.  By  subse- 
quent purchases  and  by  extensions  of  existing 
>  the  mileage  owned  had  grown  to  1705  by 

1  The  lines  were  taken  over  at  follows:   Central  Railway, 
July   i,  1901,    Central  and  Northeastern,  January  I,  1902; 
J   Swiss,  July    I,   1902;    Jura-Simplon,   May   I,   1903; 
and  the  St.   Gotthard   not   until   May    i,    1909. 

*  Grapbucb-jUuijtijcbfT  VtfkibrrAlUs  dtr  Srfcms,  ad  ed., 
P-  $• 


GOVERNMENT  OF  SWITZERLAND 

1912,  in  addition  to  which  155  miles  were  oper- 
ated by  the  government.  In  the  latter  year  the 
total  railway  debt  was  1,426,000,000  francs,  but 
the  increase  of  the  interest  burden  was  less 
than  that  of  the  income  per  mile.1 

Onani-          In  the  organization  of  the  lines  taken  over  by 
the  state  the   fundamental   principle  laid   down 

railroad  by  the  law  of  1898  was  that,  so  far  as  possible, 
railroad  administration  should  be  kept  separate 
from  other  branches  of  the  government.  Politi- 
cal influence  was  thus  reduced  to  a  minimum. 
The  accounts  of  the  federal  railways  are  kept 
entirely  distinct  from  those  of  the  federation, 
and  it  is  therefore  possible  to  ascertain  the 
financial  condition  of  the  former  at  any  time. 
For  administrative  purposes  Switzerland  is 
divided  into  five  railroad  circuits  or  divisions. 
In  each  circuit  there  is  a  directory  composed 
of  three  members.  Above  the  circuit  directories 
there  is  a  general  directory  of  five  members, 
located  at  Bern.  Members  of  both  circuit  and 
general  directories  are  appointed  by  the  Federal 
Council.  The  actual  management  of  the  federal 
roads  is  in  the  hands  of  those  directories,  local  mat- 
ters being  intrusted  to  the  circuit  directories  and 
matters  of  wider  scope  to  the  general  directory. 

Paralleling   these   managerial    bodies   there   is 

a   system   of  advisory   boards,   the   composition 

and    functions    of  which    are    most    interesting. 

In  each  circuit  there  is  a  circuit  railway  council 

1  Politiscbes  Jabrbucb,  1913,  p.  629. 


COMMUNICATION  AND  TRANSPORTATION 

of  from  fifteen  to  twenty  members,  four  of  whom 
are   chosen    by    the    Federal    Council,    and    the 

>ns.     Above  these  local 

councils  is  an  administrative  council  of  fifty-five 
members,  twenty-five  of  whom  are  chosen  by 
tlu-  1  i  vlcral  Council,  twenty-five  by  the  cantons, 
and  five  by  the  cimni  i.nlway  councils.  The 
law  of  1898  directs  that  in  choosing  these  coun- 
ts the  agricultur.il,  u.uiing,  and  indust 
interests  of  the  country  shall  be  represented. 
While  the  law  was  under  discussion,  the  Federal 
Council  also  gave  verbal  assurances  that  railroad 
employees  and  other  interests  would  be  given 
places.  The  circuit  railway  councils  and  the 
\e  railway  council  have  advisory 
and  supervisory  powers  on  all  questions  con- 
cerning railway  affairs  in  their  respective  fit 

purpose  is  to  bring  to  the  atten- 
.  of  the  actual  directing  boards  a  knowledge 
ail  road  conditions  and  public  opinion  thereon, 
as  well   as  a   knowledge  of  the  conditions  and 
opinions  of  those  business  interests  which  make 
the    greatest    use    of    railroad    facilities.     They 
.re  publicity  and  thorough  discussion  of  trans- 
portation  questions,   and   "lead   the   patrons  of 
the   railways   to   feel   that   those   who   pay   the 
rates  have  a  share  in  the  responsibility  for  their 
making."1     Admirable  as  many  of  its   features 

N.  Holcombe.  "First  Decide  of  the  Swiss  Federal 
AJVS,"   m  "Quarterly   Journal  of  Economics,"  16:352 
(February,  1912). 

[«*] 


GOVERNMENT  OF  SWITZERLAND 

are,  however,  the  Swiss  system  of  railroad 
organization  described  above  has  shown  itself 
somewhat  complicated  and  cumbersome  in  prac- 
tice. Administrative  reforms  designed  to  sim- 
plify it  are  widely  advocated  and  will  doubtless 
be  undertaken  in  the  near  future. 

Above  the  specific  agencies  for  railway  adminis- 
tration stand  the  Federal  Council  and  the  Federal 
Assembly.  In  addition  to  its  appointive  powers 
already  noted,  the  former  presents  to  the  legisla- 
ture the  annual  railway  budget,  accounts,  and 
business  reports;  makes  motions  regarding  the 
extension  of  lines  and  services;  and  deals  with 
pension,  aid,  and  sick  funds.  The  Federal 
Assembly  approves  the  budget,  accounts,  and 
business  reports;  loan  and  amortization  plans; 
and  agreements  for  acquiring  new  lines  or  oper- 
ating secondary  lines.  Further,  it  legislates 
generally  on  rates,  acquisition  and  building  of 
railroads,  and  remuneration  of  employees. 

In  its  message  of  1897,  the  Federal  Council 
advocated  nationalization  on  the  ground  that  it 
would  make  possible  the  extension  and  improve- 
ment of  the  railway  system,  reduce  rates,  increase 
wages,  and  improve  labor  conditions.  Authori- 
ties on  the  subject  generally  agree  that  all  these 
anticipations  were  substantially  realized  before 
the  end  of  the  first  decade  of  state  ownership 
and  operation.  Figures  dealing  with  mileage 
extension  are  quoted  above.  New  trains  were 
scheduled,  speed  was  increased,  the  supply 


COMMUNICATION  AND  TRANSPORTATION 

of  rolling  stock  was  extended,  roadbeds  were 

improved,  and  new  terminals  and  station  buiKi- 
ings  were  constructed. 

.;ht  classification  was  simplified,  and  the 
practice  of  rebating,  which  existed  under  private 
management,  was  stopped.  The  lowest  schedule 
of  passenger  rates  in  effect  under  the  old  regime 
was  adopted  as  the  standard  under  federal 
management.  In  1913,  normal  fares  on  round- 
tup  tickets  were  as  follows:  third  class,  i.oi 
cents  (American)  per  mile;  second  class,  1.55 
•  class,  2.42  cents.  Baggage  was 
charged  for  extra,  at  the  rate  of  five  centimes 
(i  cent)  for  220  pounds.  Third-class  accom- 
modations are  very  largely  used  for  short-distance 

el;  second  class  is  quite  comfortable  enough 
for  longer  distances.  First  class  offers  little 
over  second  except  style  and  exclusiveness,  but 

s   Swiss   policy,   as  the   above  figures  show, 

to   make   those   who   can    afford    such    luxuries 

pay  rather  stiffly  for  them.     Commutation  tick- 

ailar    travel   tickets,   and    season   tickets 

/h  enable  the  holder  to  travel  at  will  for 
fifteen,  thirty,  or  forty-five  days,  are  issued  on 
even  more  favorable  terms  than  the  extremely 
low  rates  quoted  above.  Unlimited  travel  tickets 
good  for  three,  four,  or  twelve  months,  at  still 
lower  rates,  are  also  offered  and  very  largely 
used  by  commercial  travel*  !  >ire  financial 
losses  were  predicted  as  a  result  of  the  reduced 
fares  granted  by  the  government,  but  passenger 


GOVERNMENT  OF  SWITZERLAND 

traffic  grew  so  rapidly  that  receipts  were  largely 
increased.1  Great  ability  and  artistic  skill  have 
been  shown  in  advertising  the  tourist  attractions 
of  the  federal  railways,  and  agencies  for  this  pur- 
pose have  been  established  in  five  foreign  coun- 
tries.1 A  stock  argument  against  state  owiu-rship 
is  that  it  lacks  initiative.  In  view  of  the  innova- 
tions made  to  attract  travelers,  this  criticism  can- 
not be  made  against  the  Swiss  federal  railroads. 
Perhaps  in  no  way  has  Swiss  experience  under 
labor'™  nationalization  been  more  suggestive  than  in 
policies  connection  with  its  labor  policies.  Shortly  after 
federal"  t'ie  Purcnase  °^  t^ie  r°ads  the  various  grades  of 
railway*  employees  were  classified,  and  maximum  and 
minimum  rates  of  pay  prescribed  for  each  class, 
with  an  increase  for  every  three  years  of  service 
until  the  maximum  was  attained.  The  total 
number  of  officials  and  employees  in  1916  was 
35,300.*  When  one  remembers  the  excellent 
administrative  traditions  of  the  Swiss,  it  is  not 
difficult  to  understand  that  these  positions  have 
not  been  misused  for  political  purposes.  Nor 
are  positions  created  needlessly  for  deserving 
party  workers.  There  have  been  no  strikes  or 
threats  of  strikes,  although  labor  organizations 
are  recognized  by  the  management  itself.  The 

1  Vrooman,  op.  cil.,  p.  141. 

*  The  New  York  office  of  the  Swiss  Federal   Railroads  is 
at  241  Fifth  Avenue.     From  it  folders,  maps,  time-tables,  and 
other  means  of  information  may  be  obtained  at  any  time. 

*  Neuf  Zurcbfr  Zeitung,  No.  726,  April  25,  1917. 


COMMUNICATION  AND  TRANSPORTATION 

highest    rates    paid    by    private    companies    at 
the  time  of  purchase  wi  the  basis  of 

wage  scale  adopted  by  the  government.  Owing 
to  the  great  rise  of  general  prices  from  1899  on, 
the  unions  of  railway  employees  petitioned  for 
an  increase  of  wages  in  1906,  submitting  many 
family  budgets  in  support  of  their  claim.  After 
a  thorough  investigation  by  federal  officials, 
the  payment  of  a  "high-prices-increment"  was 
ordered,  amounting  in  the  case  of  married  per- 
sons and  others  with  dependants  upon  them  who 
received  less  than  4000  francs  a  year,  to  100 
francs  additional;  and  for  all  other  employees 
with  less  than  4000  yearly,  to  50  francs  additional. 
In  its  message  to  the  Federal  Assembly  advo- 
nHTease,  the  Federal  Council  took 
occasion  to  comment  upon  the  courteous  tone  in 
which  the  men  formulated  their  petition  and  the 
reasonableness  of  their  requests.  Payment  of 
high-prices-increments  was  continued  for  the 
two  following  years,  extended  in  1910,  and  taken 
into  account  in  the  new  wage  scale  established 
by  the  law  of  June  23,  1910.  More  recently  the 
(reat  increase  in  the  cost  of  living  due  to  the 
war  has  led  to  a  repetition  of  the  policy  of  paying 
iiuTcments  in  addition  to  regular  wages.  In  all 
these  wage  adjustments  men  with  smaller  incomes 
h.ive  received  more  in  proportion  than  those 
with  larger  incomes.  Under  private  manage- 
ment fancy  salaries  were  paid  to  certain  favored 
officials.  These  have  not  been  continued  under 

["9] 


GOVERNMENT  OF  SWITZERLAND 

state  ownership.  If  they  had  been  continued, 
they  would  have  contrasted  sharply  with  the 
modest  stipends  paid  to  even  the  highest  officials 
in  other  branches  of  the  federal  government. 

Under  federal  management  also  the  working  day 
has  been  further  reduced  to  eleven  hours,  which 
is  shorter  than  the  customary  central  European 
working  day.  Train  crews  must  be  given  at 
least  ten  hours  of  unbroken  rest  in  each  twenty- 
four,  and  all  other  employees  at  least  nine  hours. 
More  liberal  provisions  have  been  made  regard- 
ing annual  vacations  and  a  weekly  day  of  rest. 

In   nationalizing   Swiss   roads   it   was   not   the 
intention    to    create    a    fiscal    monopoly    which 
should  yield  a  large  revenue  to  the  government, 
federal       Qn   tne   contrary,   it   was   distinctly   undersr 

that  the  income  of  the  roads  should  be  used  first 
to  pay  off  the  debt  incurred  at  their  purchase, 
and  after  that  to  provide  for  such  improvements 
in  service,  reductions  of  rates,  and  increases  of 
wages  as  were  possible.  According  to  the  law  of 
1897,  the  loans  necessary  for  the  purchase  of  the 
railroads  were  to  be  repaid  according  to  a  fixed 
amortization  plan,  at  the  latest  within  sixty  years. 

While  the  substantial  achievements  of  the 
federal  railroad  management  in  other  directions 
are  generally  conceded,  there  has  been  a  great 
deal  of  controversy  as  to  whether  the  debt  could 
be  paid  off  within  the  limit  of  time  set.  A 
masterly  analysis  of  the  situation  by  Professor 
Holcombe  indicates  that  during  the  first  nine 


COMMUNICATION  AND  TRANSPORTATION 

years  of  operation  the  plant  of  the  federal  gov- 
this  end  were  being  realized  success- 
fully. It  must  be  remembered  that  his  figures 
showing  profits  actually  resulting  represent  "sur- 
plus profits  over  and  above  the  interest  charges 
(averaging  about  3)  per  cent)  on  the  ci 
funded  debt  and  the  amortization  charges  on 
the  same.  .  .  .  The  sum  of  interest  and  am< 
zation  charges  represents  not  much  over  4  per 
cent  upon  the  funded  debt,  and  is  much  less  than 
the  interest  and  dividend  charges  upon  any 
profitable  American  road."  l  It  is  largely  because 
of  this  advantage  in  lower  cost  of  debt  service 
that  the  Swiss  government  has  found  it  possible 
under  normal  conditions  to  reduce  rates,  increase 
wages,  improve  the  service,  and  while  paying  off 
the  debt  at  the  rate  determined  in  advance, 
still  make  both  ends  meet.  As  used  in  the  fol- 
lowing table  quoted  from  Professor  Holcombe, 
the  test  of  financial  success,  therefore,  is  "the 
proximity  of  the  profit  and  loss  item  to  zero." 


<+)  or  \om  (-) 
Yc*r  tauki&c  (fnoo) 

I9»»  +  4*22*20 

190J  +  1,030,682 

1904  +       60,73$ 

1905  +     6S1,734 

1906  +  2,548,513 

1907  +    4*9.8" 

1908  -  5.8*3.166 

1909  -  4.091.010 

1910  -I-  7.948.758 

1  Holcombe,  op.  cil.,  p.  356. 


GOVERNMENT  OF  SWITZERLAND 

Ir  will  be  observed  that  favorable  results 
were  secured  with  the  exception  of  the  two  years 
1908  and  1909,  when  Switzerland,  like  the  United 
States,  was  suffering  from  business  dqmssion 
coupled  with  high  prices.  The  St.  Gotth.iiil 
road,  which  at  that  time  was  still  under  private 
management,  suffered  as  severely  as  the  federal 
railways.  Under  normal  conditions  even  when 
broken  in  upon  by  periods  of  hard  times,  the 
Swiss  government  was  redeeming  its  pledge  to 
pay  for  the  roads  out  of  profits  within  the 
sixty-year  period. 

Financial  results  quite  as  favorable  as  the  fore- 
1  war  g°mg  were  attained  during  the  years  1911,  1912, 
railways  and  1913.  Since  the  outbreak  of  war  in  1914, 
however,  the  federal  railways  have  had  to  meet 
conditions  of  unprecedented  severity.  As  the 
"turn-table  of  Europe,"  Switzerland  handled 
in  times  of  peace  enormous  volumes  of  traffic 
in  transit  between  her  great  neighbors.  The 
war  measures  of  the  belligerents  reduced  this 
business  to  a  minimum.  At  the  same  time 
tourist  travel  fell  off  greatly.  The  cost  of  all 
railroad  supplies  and  materials  rose  to  heights 
never  before  attained.  This  was  particularly 
true  of  coal,  all  of  which  Switzerland  had  to 
import  from  Germany.  With  the  deterioration 
of  transportation  facilities  in  that  Empire,  it 
became  impossible  to  secure  a  sufficient  supply 
even  at  prevailing  war  prices,  and  on  February 
20,  1917,  the  government  was  obliged  to  reduce 

[  222} 


COMMUNICATION  AND  TRANSPORTATION 

number   of   trains    from    twenty    to    tl 
per  cent.     To  meet  its  financial  difficulties  the 
management  has  introduced  economies  into  every 

of  the  service,  building  credits  in  part 
lar  being  cut  down.     It  has  not,  however,  reduced 
wages;  on  the  contrary  it  has  renewed  the  p< 
of  high-priccs-iruu  imnts  in  order  to  help   rail- 
way employees  meet  the  increased  cost  of  living 
due  to  war. 

Prior   to   nationalization    foreign   shareholders 
held  a  majority  of  stock  in  three  of  the  five  trunk 

s.  One  of  the  most  effective  arguments  in 
favor  of  purchase  was  that  it  would  abolish 
foreign  influence  and  place  the  railroads  entirely 
under  control  in  the  interest  of  the  nation  as 
a  whole.  Whatever  may  be  the  merit  of  this 
argument  in  times  of  peace,  it  has  certainly 
I  f  since  the  outbreak  of  war.  Already 
habituated  to  operate  as  a  unit,  the  railroad 
system  of  the  country  had  the  further  advantage 

Complete  harmony  with  other  branches  of 
the  government.  Under  these  circumstances 

vas  possible  for  the  railroads  to  mobilize 
the  army  with  the  least  possible  delay,  and  for 
the  government  to  carry  on  to  the  best  advantage 
the  delicate  diplomatic  negotiations  necessary 
to  secure  the  largest  possible  supply  of  coal  not 
only  for  the  railroads  but  for  all  other  purposes. 
Unity  of  railway  management  in  the  common 
interest  has  also  proved  invaluable  in  procuring 
supplies  of  food  and  raw  materials  without  which 

[a*] 


GOVERNMENT  OF  SWITZERLAND 

the  life  and  industry  of  the  people  would  have 
suffered  severely.  In  spite  of  financial  losses 
incident  to  state  ownership  under  war  conditions, 
it  is  the  opinion  of  competent  Swiss  authorities 
that  the  sacrifices  made  in  purchasing  the  rail- 
roads were  never  so  completely  justified  as  they 
have  been  since  1914.  "With  the  army,  mightily 
strengthened  by  the  new  military  organization, 
and  with  the  national  bank,  the  federal  railways 
form  the  trifolium  of  institutions  which  since 
the  outbreak  of  war  have  attained  dominating 
significance  in  our  political  and  economic  life."  I 

Water  Power 

"White         It   is    probable   that    Switzerland's    difficulties 
^*1'         since  1914  in  securing  coal  supplies  for  railway 
Switzer-     and  other  purposes  will  add  impetus  to  projects 
Und          for  using  the  "white  coal"  of  the  country,  —  that 
is,  the  water  power  of  glacier-fed  torrents.     Ap- 
proval has  already  been  given  for  the  employ- 
ment of  power  derived  from  this  source  on  the 
Erstfeld-Bellinzona    division     of    the    Gotthard 
line.     To    electrify    the    entire    railroad    system 
will  require  one  hundred  million  dollars,  but  the 
interest   and   sinking  fund   charges  on   this  sum 
would  be  much  less  than  the  cost  of  coal  even 
at  before-the-war  prices.     There  is  ample  water 
power  available  for  the  purpose.     It  is  estimated 
that  the  streams  of  the  country  would  supply 

1  A.  Welti,  "Politisches  Jahrbuch,"  1915,  p.  655. 

[224] 


COMMUNICATION  AND  TRANSPORTATION 

one  million  horse  power  for  immediate  use, 
and  that  by  the  construction  of  canals  and 
storage  reservoirs  an  additional  million  could 
be  developed.  Operation  of  the  railroads  would 
»nly  about  250,000  horse  power. 

Pi:  :  r  .  1908  franchises  for  the  development 
of  power  from  hydraulic  sources  were  granted 
by  the  cantons.  In  addition  to  private  com- 
panics,  a  number  of  cooperative  associations, 
mu n  s,  counties,  and  even  cantons  had 

entered  this  field.  On  the  whole  charters  were 
carefully  drawn,  and  the  public  interest  was  well 
safeguarded.  There  were  no  grants  in  perpetur 
rights  of  repurchase  were  always  included,  and 
payment  was  exacted  for  the  privileges  enjoyed. 
Provisions  were  even  inserted  in  some  charters 
obligating  the  companies  not  to  mar  the  natural 
beauty  of  the  country  by  their  installations. 
In  many  cases  cities  and  cantons  subscribed  for 
stock  in  private  water-power  companies  with 
the  intention  of  converting  them  ultimately  into 
public  undertakings.  It  was  no  part  of  the 
Swiss  program  to  allow  private  monopoly,  intent 
only  on  profits,  to  thrust  itself  between  the 
people  and  one  of  their  greatest  natural  resources. 

Although  only  a  small  part  of  the  water  power 
of  the  country  was  developed,  electricity  gener- 
ated from  this  source  came  to  be  more  freely 
employed  in  Switzerland  than  in  any  other 
country.  Care  was  taken  everywhere  to  secure 
the  lowest  possible  rates  for  small  consumers 

[MS] 


GOVERNMENT  OF  SWITZERLAND 

wide  both  in  rural  and  in  urban  districts.  As  a  result 
electricity  ^'^''city  is  used  not  only  by  street  railways 
and  large  manufacturing  enterprises,  but  also 
to  furnish  motive  power  for  the  domestic  indus- 
tries which  still  survive  so  largely  in  Switzerland. 
Current  is  so  widely  distributed  and  so  cheap 
that  peasants  light  their  stables  as  well  as  tlu-ir 
chalets  with  it.  They  also  operate  pumps, 
churns,  food  cutters,  and  threshing  machines  by 
electric  motors,  thus  obviating  a  large  part  of 
the  drudgery  of  country  life.  In  some  cantons 
country  roads  are  lighted  for  great  distances  by 
electricity. 

Federal  Under  cantonal  control  of  water-power  rights 
control  tnere  were,  however,  certain  disadvantages, 
water  Lack  of  uniformity  of  franchise  terms,  conflicts 
power  of  jurisdiction,  waste  in  investments,  and  inade- 
quate development  of  hydraulic  resources  were 
the  most  serious.  To  cure  these  defects  a 
monopoly  of  all  the  water-power  resources  of 
the  country  in  the  hands  of  the  federal  govern- 
ment was  suggested.  The  plan  received  much 
influential  support  but  was  too  sweeping  for 
immediate  adoption.  Of  course  it  was  opposed 
by  representatives  of  the  "  Kantonligfist"  or 
"little  cantonal  spirit,"  as  the  Swiss  rather 
satirically  call  the  extreme  states'  rights  frame 
of  mind.  In  1908,  a  compromise  was  effected. 
By  use  of  the  initiative  an  amendment  to  the 
constitution  was  adopted  which  placed  the 
utilization  of  water  power  under  the  supervision 

[226] 


COMMUNICATION  AND  TRANSPORTATION 

of  the  federation.1     Henceforth  federal  legislation 
if  to   prescribe  genet  .il    rules   necessary   for   the 
>n   of  the   public   interest   and    for   the 
appropriate    un!  of  water   power.     With 

exception  the  regulation  of  water  power  is 
vested   in   the  cantons.     In  the  case  of  streams 
under  the  jurisdiction  of  more  than  one  canton, 
where  agreement  cannot  be  reached  with  regard 
to    a    common    franchise,    the    federation    may 
it.     The    same    holds    good    for    streams 
h   form   boundary   lines.     Fees  or  dues  for 
use  of  water  power  belong  to  the  cantons 
or  to   those  entitled    thereunto  under  cantonal 
legislation.     For  franchises  issued  by  the  fcdcra- 
,  fees  and  dues  are  determined  by  the  latter, 
after   a   hearing   is   given   to   the    cantons  con- 
cerned and  with  reasonable  consideration  of  their 
legislation.     In  the  case  of  other  franchises,  fees 
and  dues  are  determined  by  the  cantons  within 
the  limits  fixed  by  federal  legislation. 

Energy   derived    from    water    power   may    be 
delivered    in    foreign    territory    only    upon    the 
approval  of  the  federation.     The  latter  is  em- 
powered   to    issue    legislative    regulations    with 
regard  to  the  transmission  and  delivery  of  elec- 
tl  energy.     In  general  the  federation  secured, 
the   water-power   amendment   of   1908,   im- 
portant powers  of  legislation  in  a  wide  new  field, 
while  the  cantons  were  satisfied  with  consider- 

1  Art:  A  law  passed  December  22,  19161  pro- 

vides in  detail  for  the  execution  of  this  amendment. 

C»7] 


GOVERNMENT  OF  SWITZERLAND 

able  administrative  reservations  and  the  financial 
returns.  Whether  the  necessary  uniformity  can 
be  secured  without  further  increase  of  federal 
power  remains  to  be  seen. 

Roads  and  Bridges  —  Motor  Traffic 

Although  primarily  under  cantonal  authority, 
the  federation  nevertheless  exercises  "general 
oversight  over  those  roads  and  bridges  in  which 
it  is  interested."  l  Because  of  the  international 
importance  of  their  Alpine  roads,  four  cantons 
receive  subsidies  from  the  central  government, 
the  amount  of  which  is  fixed  in  the  constitu- 
tion itself,  for  maintenance  and  snow  removal.1 
The  cantons  still  exercise  control  over  auto- 
mobile traffic,  and  their  regulations  on  the  sub- 
ject represent  extremely  divergent  opinions.  In 
districts  which  cater  to  tourists  the  motorist  is 
popular;  in  mountain  districts  where  his  car 
may  frighten  the  peasant's  horse  at  the  brink 
of  a  precipice  he  is  cordially  hated.  Material 
improvement  has  resulted,  however,  from  a 
concordat  on  the  subject  into  which  all  but 
seven  cantons  have  entered.3  To  secure  uni- 
formity in  this  field,  the  Federal  Council  sug- 
gested an  amendment  to  the  constitution  in  1910, 
conferring  upon  the  federation  power  to  issue 
police  regulations  for  automobiles  and  motor 

1  Art.  37.  »  Art.  30. 

»  A.  S.  XXX,  89  (1914);  XXXI,  143,  164  (1915). 
[228] 


COMMUNICATION  AND  TRANSPORTATION 

cycles.  Although  much  discussed  in  the  last 
seven  years,  cantonal  jealousy  has  hitherto 
prevented  its  passage,  it  is  interesting  to  note 
that  the  Federal  Council  added  to  the  proposed 
amendment  a  clause  giving  to  the  federation 
legislative  power  over  air  traffic.  So  far  this 
isc  has  shared  the  fate  of  the  rest  of  ihj 
amend  m< 

Posts,  TtUgrapbs,  and  TfUpbonts 

Down  to  the  end  of  the  eighteenth  century  the 
posts  of  Switzerland,  as  in  the  rest  of  Europe, 

r  handled  either  as  monopolies  leased  by  the 
state,  or  as  privileges  possessed  by  noble  families, 
or  finally  as  a  private  business  carried  on  by  the 
mercantile  classes.  After  the  Act  of  Mediation 
(1803) 'they  passed  under  the  control  of  the 
cantons,  where  they  remained  until  1848.  By 
the  constitution  of  that  year  they  were  trans- 
ferred to  the  federation,  which  in  return  for  the 
cession  obligated  itself  to  pay  an  annual  indemnity 
to  the  cantons.  As  a  part  of  the  general  financial 
adjustment  between  federation  and  cantons  made 
in  is74.  this  indemnity  was  canceled,  so  that  the 
postal  system  is  now  wholly  federal  and  free  of 

nnbrance.  Already  in  1851,  a  law  annexed 
telegraphs  to  the  postal  administration,  and  this 

>n  was  confirmed  by  the  constitutional  re- 
vision of  1874. 

At  present  ordinary  letters  weighing  less  than 
8)  ounces  pay  2  cents  to  any  part  of  Switzerland. 

C"9] 


GOVERNMENT  OF  SWITZERLAND 

If  within  a  radius  of  6.2  miles,  the  letter  rate  is 
only  one  cent.  Even  before  the  establishment 
of  the  federation  in  1848,  the  postal  service 
included  a  parcels  post.  Rates  have  always 
been  low;  at  present  for  parcels  under  IT^  pounds 
from  any  post  office  in  Switzerland  to  any  other 
the  charge  is  3  cents;  for  parcels  between  ii^  and 
5J  pounds,  5  cents;  between  5$  and  u  pounds, 
8  cents.  In  addition  to  letters  and  parcels  tin- 
postal  department  does  a  considerable  business 
transporting  passengers  either  by  special  coupes 
ordered  for  the  occasion  or  by  the  diligences 
(stagecoaches)  which  are  still  used  to  carry  the 
mail  in  remote  mountain  districts. 

Tele-  Telegraph  rates  also  are  low.     For  all   inland 

messages  a  fixed  charge  of  6  cents  is  made,  plus 
i  cent  for  each  word,  address  and  signature 
included.  Thus  a  ten-word  message  with  eight 
words  of  address  and  signature,  costing  at  the 
lowest  25  cents  in  the  United  States,  would  cost 
only  15  cents  between  any  two  offices  in  Switzer- 
land. Delivery  is  free  within  a  radius  of  one 
kilometer  (.62  mile)  from  the  receiving  station. 

As  soon  as  telephones  demonstrated  their 
practical  utility,  they  were  declared  by  a  resolu- 
tion of  the  Federal  Council  to  fall  within  the 
federal  telegraph  monopoly.1  For  a  time  the 

1  Resolution  of  February  18,  1878.  By  inference  wireless 
telegraphy  also  is  included  in  the  state  monopoly.  In  practice 
wireless  stations  must  have  a  permit  from  the  state.  Cf. 
Burckhardt,  "  Kommentar,"  2d  cd.,  1914,  p.  329. 

[230] 


COMMUNICATION  AND  TRANSPORTATION 

government  was  undecided  as  to  the  best  form   T 
of  management    for   the   new   means  of  int 
commun:  ;cd  one  franchise  to  a 

te  company  m  /uiuh,  but  soon  after  decided 
tin-   in  M   for  itself.     Accordingly 
the  /mud  ti.uuhisc  was  repurchased,  and  since 
that  time  (January  i,  1886),  the  entire  telephone 
business  of  Switzerland  has  been  owned  by  the 
1 1  government  and  operated  in  connection 
uith  tin-  telegraph  administrat 

It  has  been  the  consistent  policy  of  the  Swiss 
government  to  secure  the  widest  possible  exten- 
sion of  the  service  not  only  in  cities  but  in  rural 
ts  as  well.  From  the  beginning  arrange- 
ments were  made  to  facilitate  telephonic  connec- 
tion of  remote  villages  with  the  nearest  telegraph 
offices.  In  1895,  there  was  one  telephone  in  use 
for  every  129  inhabitants,  as  compared  with  one 
to  about  every  245  inhabitants  in  the  United 

ites.  In  1913,  there  was  one  subscriber  to 
every  40  inhabitants. 

A  series  of  rate  reforms,  worked  out  between 
the  Federal  Council  and  Federal  Assembly, 
aided  greatly  in  the  popularization  of  the  r<  1<- 
phone  system.  By  the  law  of  December  7,  1894, 
a  "consistent  and  scientific  schedule"  was 
adopted,  which  gave  such  general  satisfaction 
that  it  has  remained  in  effect  ever  since.  Accord- 
ing to  its  provisions  subscribers  pay  a  lump 
charge  of  100  francs  (£19.30)  the  first  year;  70 
francs  ($13.51)  the  second,  and  40  francs  ($7.72) 


GOVERNMENT  OF  SWITZERLAND 

for  each  year  thereafter.     In  addition  they  pay 
5  centimes  (one  cent)  for  each  local  call. 

As  in  the  case  of  railroads,  tin-  Swiss  govern- 
ment has  been  a  model  employer  of  labor  in  its 
policies  postal,  telegraph,  and  telephone  service.1  By 
lowering  rates  and  by  extending  and  improving 
the  service  of  the  latter  departments  it  has 
constantly  striven  for  a  social  end,  —  the  wid- 
est possible  diffusion  of  intelligence  among  the 
people.  At  the  same  time  it  has  sought  to  earn 
modest  annual  profits,  and  has  succeeded  in 
doing  so  with  the  exception  of  a  few  unfavorable 
years.  From  the  postal  service  the  net  income 
was  2,70x3,351  francs  in  1900;  4,496,118  francs  in 
1905;  and  2,568,079  francs  in  1910.  Telegraphs 
and  telephones  together  showed  a  loss  of  897,718 
francs  in  1900,  but  earned  net  profits  of  416,000 
and  519,220  francs  in  1905  and  1910  respectively.* 
Summing  up  results  for  the  fifty-two  years  from 
1855  to  1906  inclusive,  Professor  Holcombe 
writes:  "At  the  end  of  the  period  the  people 
of  Switzerland  own  a  well-preserved  telegraph 
undertaking  free  of  all  charges,  and  a  thriving 
telephone  business,  the  assets  of  which  exceed 
the  liabilities  by  nearly  25  per  cent." 

1  Cf.  A.  N.  Holcombe's  "Public  Ownership  of  Telephone* 
on  the  Continent  of  Europe,"  Ch.  XIV. 

8  Burckhardt,  "  Kommentar,"  2d  ed.,  p.  361. 


COMMUNICATION  AND  TRANSPORTATION 


SELECTED  BIBLIOGRAPHY 

AcKWorm,  W.  M.  "The  Nationalization  of  Swiu  Rail- 
way. In  Kconomic  Journal,"  Vol.  8,  pp.  265-269 
GUM,  1898). 

Dtrrtift,  H.  "The  Regulation  and  Nationalization  of  the 
Swiss  Ra  \nnals  of  the  American  Acad- 

emy," VoL  13,  pp.  143-172.  «9i-3«  (March,  May, 
1899). 

HoicoMBt,  A.  N.  "The  First  Decade  of  the  Swiss  Federal 
Kailwayi "  In  "Quarterly  Journal  of  Economics,'* 
Vol.  26,  pp.  341-362  (February,  1911). 

HOICOMBE,  A.  N.  "Public  Ownership  of  Telephones  on 
the  Continent  of  Europe."  Part  II  (Public  Owner- 
ship of  Telephones  in  Switzerland). 

Ho*  >al  of  Switzerland."  In  "Outlook," 

VoL  95,  pp.  151-158  (January  22,  1910). 

LLOYD,  H.  D.  "A  Sovereign  Peopl  II  (The  Nation- 

.-ation  of  the  Railroads). 

MICHILI,  H.  rchase  of  Railways  in  Switzerland." 

In  "  American  Economic  Association  Studies,"  VoL  3, 
pp.  349-4*>  (1898). 


CHAPTER  X 

SWISS     SOCIAL     LEGISLATION 
AND     ADMINISTRATION 

THE  oldest  provision  of  the  Swiss  constitu- 
tion which  falls  within  the  field  of  social 
legislation  is  that  dealing  with  communicable 
diseases.  Even  prior  to  1848,  the  confederation 
was  forced  to  take  action  against  epidemics, 
particularly  of  yellow  fever  and  cholera.  The 
federal  constitution  of  that  year  devoted  an  ar- 
ticle to  this  general  subject,  which  was  strength- 
ened at  the  revision  of  1874.  In  order  to  bring 
tuberculosis  clearly  within  its  scope,  the  article 
was  again  rewritten  and  extended  in  1913,  the 
new  version  being  accepted  at  the  referendum 
held  on  May  4  of  that  year.1  In  its  present 
form  it  reads,  "The  federation  shall  have  power 
to  enact  laws  to  combat  communicable  or  widely 
diffused  diseases  of  men  and  animals." 

Under  these  gradually  widening  constitutional 
powers  a  number  of  laws  have  been  passed. 
One  of  the  earliest  of  these,  enacted  in  1872,  is 
devoted  to  animal  plagues.2  A  bill  passed  both 

1  Art.  59,  Constitution  of  1848;  Art.  69,  Constitution 
of  1874.  For  the  earlier  form  of  the  latter  see  Dodd,  II, 
69;  for  the  present  form,  Burckhardt's  "  Kommentar,"  2d 
ed.,  p.  636.  *  A.  S.  X.,  1029. 

[234] 


SOCIAL  LEGISLATION  AND  ADMINISTRATION 

houses  in  1881  dealing  with  diseases  of  a  threaten- 
ing epidemic  character,  but  was  overwhelmingly 

rd  down  at  a  referendum  held  July  30  ol 
following  year,  because  it  provided  for  compulsory 
vaccination.  In  1886,  however,  a  federal  law 
prescribing  measures  to  combat  several  violently 
contagious  diseases  was  placed  upon  the  statute 
book.1  The  central  government  has  further 
manifested  its  interest  in  this  subject  by  sub- 
sidizing medical  research  into  the  nature  and 
cure  of  a  number  of  diseases,  among  which  are 
goiter  a  i  ism, — once  endemic  in  Switzer- 

land but  now  pretty  well  wiped  out.  Much  is 
also  being  done  in  the  field  of  preventive  medicine 
by  the  cantons,  which  in  spite  of  the  large  powers 
conferred  upon  the  federation  in  1913  still  con- 
tinue to  bear  the  major  part  of  the  cost  of  the 
health  police  service. 

A  wide  extension  of  the  activities  of  the  central 
government  into  a  closely  related  field  was  made 
possible  by  the  constitutional  amendment  adopted 
July  n,  1897.  It  gave  the  federation  power  to 
enact  laws  concerning  traffic  in  food  products, 
and  in  other  articles  of  use  or  consumption  in 
so  far  as  they  might  be  dangerous  to  life  or 
health.  The  cantons  execute  such  laws  under 
the  supervision  and  with  the  financial  support 
of  the  federation.  On  the  other  hand,  the 
regulation  of  imports  at  the  frontier  with  the 
above  purposes  in  view  shall  be  under  the  con- 
»  A.  S.  IX,  277. 

[235] 


GOVERNMENT  OF  SWITZERLAND 

trol  of  the  federation.  By  this  amendment  the 
federal  government  was  given  power  not  only  to 
enact  pure-food  laws,  but  also  to  legislate  against 
adulterated  wines;  against  eating,  drinking,  and 
cooking  utensils  made  of  materials  dangerous  to 
health;  against  toys,  rugs,  clothing,  and  other 
goods  colored  or  painted  with  poisonous  colors; 
and  finally  against  petroleum  and  other  similar 
commodities  which  when  improperly  refined  are 
liable  to  explode  or  cause  fires.  A  law  of  Decem- 
ber 8,  1905,  provides  in  detail  for  the  execution 
of  the  manifold  purposes  of  this  amendment.1 
Child  One  of  the  most  valuable  of  the  new  constitu- 

tional articles  introduced  at  the  revision  of  1874 
was  that  conferring  upon  the  federation  power 
to  enact  uniform  laws  with  regard  to  the  employ- 
ment of  children  in  factories,  the  length  of  the 
working  day  of  adults  therein,  and  the  protection 
of  laborers  engaged  in  unsanitary  and  dangerous 
manufactures  (Art.  34).*  It  is  interesting  to 
note  that  the  federal  government  of  Switzerland 
is  thus  expressly  authorized  to  legislate  on  child 
labor,  whereas  the  federal  government  of  the 
United  States  possesses  this  power,  if  at  all,  only 
as  implied  by  the  interstate  commerce  clause. 

Under  the  authority  of  Article  34,  a  com- 
prehensive factory  act  was  passed  early  in  1877, 

»  A.  S.  XXII,  337- 

1  Another  clause  of  this  article  gives  the  federation  power 
to  legislate  upon  and  supervise  the  business  of  emigration 
agencies,  and  private  undertakings  in  the  field  of  insurance. 

[236] 


SOCIAL  LEGISLATION  AND  ADMINISTRATION 

and  l>y  a  small  majority  of  the  popular 

TOte  at  the  referendum  held  October  21  of  that 
year.  So  important  are  its  provisions  regarding 
tin  labor  of  women  and  children,  the  length  <>f 
vorking  day,  night  work,  Sunday  work,  etc., 
th.it  this  l.i  deserves  to  be  called  "the 

Swiss  factory  worker's  Magna  Charta."  '  It 
remained  upon  the  statute  book  until  June  18, 
1914,  when  it  was  superseded  by  a  law  establish- 
ing still  higher  standards.' 

In  its  present  form  the  factory  act  devotes 
particular  attention  to  hygiene  and  the  preven- 
i<  nts.  It  fixes  a  normal  work  day  of 
not  more  than  ten  hours,  and  on  days  preceding 
Sundays  or  holidays  of  not  more  than  nine 
hours.  Women  and  children  under  eighteen 
may  not  be  used  for  night  or  Sunday  work. 
The  Federal  Council  is  given  power  to  designate 
those  lines  of  industry  in  whk-li  they  cannot  be 
employed  at  all.  In  all  cases,  even  where  two 
shifts  of  workers  are  employed,  women  and 
children  under  eighteen  must  be  given  a  night's 
rest  of  at  least  eleven  continuous  hours,  including 
the  period  from  ten  at  night  to  five  in  the  morni 
Children  under  fourteen  may  not  be  employed 
in  factories,  nor  may  those  above  that  age  who 
are  legally  obligated  to  attend  school  daily. 
In  the  case  of  children  under  sixteen  the  time 
spent  in  school,  in  receiving  religious  instruction, 

>  C.  W.  A.  Veditx,  "Child  Labor  Legislation  in  Europe," 
p.  345.  •  A.  S.  XXX,  535. 


GOVERNMENT  OF  SWITZERLAND 

and  in  the  factory,  all  combined,  shall  not  exceed 
ten  hours  per  day.  It  must  be  remembered  that 
\\hile  the  above  provisions  of  the  new  factory 
apply  uniformly  throughout  Swit/x  il.uul, 
they  do  not  prevent  the  establishment  of  higlu  r 
standards  by  cantonal  legislatures.  Much  has 
been  done  in  this  way  by  various  cantons.1  On 
the  other  hand,  complaints  of  insufficient  inspec- 
tion and  laxity  of  local  officials  in  the  enforcement 
of  the  factory  laws  are  apparently  as  common  in 
Switzerland  as  in  the  United  States. 

Although  great  good  resulted  from  the  fore- 
going legislation,  the  industrial  development  of 
Switzerland  soon  outran  the  narrowly  defined 
grant  of  power  conveyed  by  Article  34  of  the 
constitution  of  1874.  The  two  houses  desired  to 
legislate  upon  trade  unions,  industrial  courts, 
the  protection  of  workingmen  outside  the  factory, 
unemployment,  —  in  short,  the  whole  relation 
of  employer  to  employee,  not  even  excluding  the 
thorny  subject  of  strikes  and  lockouts.  It  was 
difficult  to  find  constitutional  authorization  for 
much  of  this  legislation,  while,  on  the  other 
hand,  some  of  it  seemed  clearly  in  conflict  with 
the  guaranty  of  freedom  of  trade  and  industry 
(Art.  31).  An  amendment  was  offered  in  1894 
to  cure  this  difficulty.  It  was  expressed  in 
highly  general  terms,  and  said  nothing  definite 
regarding  the  proposal  to  make  labor  organization 
compulsory  in  certain  lines  of  industry.  Both 
1  Veditz,  op.  cit.,  pp.  347-372- 


SOCIAL  LEGISLATION  AND  ADMINISTRATION 

those  who  favored  and  those  who  dreaded  this 
innovation  attacked  the  amendment  and  defeated 
tcrendum  of  March  4,  1894.     Never- 
theless, the  need  for  increased  federal  IcgisL 
power  grew  more  and  more  acute  with  the  years, 
.illy  an  amendment  essentially  similar  to  that 
rejected  in  1894  was  accepted  by  an  overwhelm- 
popular  .  on  July  5,  1908.     The  new 

i  he  federation  shall  have 

power  to  establish  uniform  regulations  in  the 
i.uiusmal  field."  Upon  this  sweeping  grant  of 
poiver  the  central  government  should  be  able  to 
curt  a  broad  and  thoroughgoing  system  of 
>ry  legislation.  Advantage  has  already  been 
taken  of  it  in  part  by  the  Factory  Act  of  June  18, 
1914,  referred  to  above. 

"Switzerland  was  one  of  the  first  countries 
in  Europe  to  adopt  the  theory  of  compensation 
of  workmen  for  industrial  accidents,  instead  of 
the  theory  of  liability  of  employers  for  negligence 
only." l  From  1875  on,  this  principle  was 
applied  by  a  series  of  laws  to  those  industries 
in  which  accidents  are  most  likely  to  occur. 
There  were,  however,  certain  lacuna?  in  this 
legislation  which  were  productive  of  much  litiga- 
tion and  antagonism  between  employers  and 
employees.  To  remedy  these  defects  an  epoch- 
making  amendment  to  the  constitution  was 
adopted,  October  29,  1890.  It  empowered  the 

1  Frankel  and  Dawsoo,  "WorkJafmea't  Insurance  in 
Europe,"  p.  74- 


GOVERNMENT  OF  SWITZERLAND 

federation  to  establish  by  law  insurance  against 
sickness  and  accidents,  due  regard  being  had  for 
existing  sick  funds.  The  federation  might  also 
declare  participation  in  this  insurance  obligatory 
upon  all  or  certain  classes  of  the  population.1 
in-  In  accordance  with  the  terms  of  this  amendment 

"J^*  an  elaborate  sickness  and  accident  insurance 
rtfhuiM  bill  was  passed  by  both  houses  late  in  1899,  to 
which  was  afterwards  added  a  system  of  military 
dents  pensions.  Upon  submission  to  the  people  at 
the  referendum  of  May  20,  1900,  this  whole  mass 
of  legislation  was  overthrown  by  a  vote  of  more 
than  two  to  one.  Few  popular  vetoes  have 
aroused  more  regret  in  Switzerland  than  this 
one.  It  seemed  a  flat  reversal  of  the  favorable 
decision  upon  the  amendment  of  1890.  It 
destroyed  at  one  blow  the  culminating  effort  of 
twenty-five  years  of  agitation  for  sickness  and 
accident  insurance.  Yet  it  signified  no  opposition 
to  such  insurance  in  principle,  but  solely  to 
certain  details  in  the  law  which  sought  to  put  it 
into  effect.  The  latter  was  thought  to  be  too 
obligatory  and  comprehensive;  the  insurance  sys- 
tem it  contemplated  had  too  much  the  appear- 
ance of  a  state  monopoly.  Existing  sickness 
societies  felt  that  the  proposed  law  rode  rough- 
shod over  their  interests,  and  consequently  threw 
the  great  weight  of  their  influence  against  it. 

By    this    popular    decision    Swiss    labor    was 
continued  in  its  dependence  upon  the  old  liability 
1  An.  34  ii. 


SOCIAL  LEGISLATION  AND  ADMINISTRATION 

laws  and  the  numerous  voluntary  sickness 
societies.  The  latter  had  enjoyed  a  phenomenal 
development.  They  were  of  every  possible 
desi  some  of  them  were  open  to  both 

sexes  and  admitted  children,  others  restricted 
their  membership,  —  as,  for  example,  to  members 
of  a  Kivm  (i. ul<  us  sect,  or  even  political 

party.  In  i  /  ;,  there  were  2006  such  societies, 
with  an  enrollment  of  505,947,  or  fifteen  per  cent 
of  the  total  population  of  the  country.  With  so 
luge  a  following  it  was  evident  that  no  scheme 
of  government  insurance  against  sickness  could 
afford  to  neglect  the  interests  of  these  societies. 

After  an  interval  of  eleven  years  a  new  federal 
sickness  and  accident  insurance  bill  passed  the 
Federal  Assembly.  It  had  been  carefully  drafted 
to  avoid  the  popular  objections  to  its  predecessor, 
and  upon  submission  to  referendum,  February  4, 
1912,  was  approved  by  a  decisive  popular 
majority.1 

The  first  forty  articles  of  the  new  law  are 
devoted  to  sickness  insurance.  In  this  part  of 
the  act  it  is  the  evident  purpose  of  the  legislature, 

t,  to  avoid  centralization  and  compulsion  so 

far  as  possible;  and,  second,  to  make  the  existing 

ness   societies   the   chief  factor   in    the   new 

order  of  affairs.     It  is  expected  that  the  mem  be r- 

1  A.  S.  XXVIII.  553.  An  English  translation  of  this 
law  may  be  (bund  in  the  Bulletin  of  the  U.  S.  Bureau  of  Labor, 
Whole  No.  103  (August  I,  i.,:  !so  the 

fKNfcof  June  18,  1915,  A.  S.  XXXI,  381. 


GOVERNMENT  OF  SWITZERLAND 

ship  of  the  latter  will  speedily  reach  700,000 
persons,  or  twenty-one  per  cent  of  tin  population, 
under  the  stimulus  of  the  new  law.  Every 
sickness  society  which  satisfies  its  provisions  is 
entitled  to  federal  subsidies.  According  to  ;m 
official  estimate  these  will  amount  to  nearly 
$650,000  per  year,  and  this  figure  will  be  brought 
up  to  $900,000  by  other  expenditures  of  tin- 
federal  government  in  this  connection,  chiefly 
for  supervision.  The  cantons  may  declare  sick- 
ness insurance  compulsory  either  generally  or 
for  certain  classes  of  persons;  they  may  establish 
public  sickness  funds,  taking  into  consideration 
existing  relief  funds;  and  they  may  delegate 
these  powers  to  their  respective  communes. 
Establishment  of  compulsory  insurance  by  the 
cantons  is  encouraged  by  a  provision  that  cantons 
which  do  this  and  which  also  assume  responsi- 
bility for  the  payment  of  the  contributions  of 
indigent  insured  persons,  shall  receive  subsidies 
from  the  federation  equal  to  one  third  their 
disbursements. 

No  sickness  society  may  be  refused  recognition 
because  of  its  economic,  religious,  or  political 
restrictions.  On  the  other  hand,  such  restrictions 
"shall  not  be  construed  to  the  prejudice  of  a 
Swiss  citizen  soliciting  membership  in  a  fund  at 
his  place  of  residence  if  he  cannot  gain  admission 
at  said  place  of  residence  to  any  fund  whose 
general  conditions  of  admission  he  fulfills." 
Both  sexes  must  be  admitted  on  equal  terms. 


SOCIAL   1  I  G1SLATION  AND  ADMINISTRATION 

The   right   of  free   transfer   from   one   fund   to 
another  is  carefully  defined  and  safeguarded. 
in   accordance  with  the  hJ.i.il  law, 

ness  societies  must  insure  to  their  members 
at  least  medical  care  and  madicinrs  or  an  in- 
demnity of  not  less  than  one  franc  for  each  day 
of  absolute  inability  to  perform  labor,  i 
period  of  membership  necessary  to  entitle  mem- 
bers to  benefits  shall  not  exceed  three  months. 
Medical  attendance  and  medicines  shall  be  pro- 
vided from  the  beginning  of  a  properly  reported 
case  of  sickness;  indemnities  from  the  third  day 
of  sickness,  to  continue  for  at  least  180  days  out 
of  a  year  if  necessary.  Childbirth  is  considered 

ness  if  at  the  time  of  confinement  the  mother 
has  been  a  member  of  the  fund  for  at  least  nine 
months.  In  maternity  cases  benefits  continue 

MX  weeks,  with  a  nursing  benefit  of  at  least 
20  francs  if  the  child  is  being  nursed  at  the  breast 
four  weeks  after  the  expiration  of  the  period  of 
assistance. 

Under  schemes  of  sickness  and  accident  insur- 
ance free  choice  of  a  physician  is  likely  to  cause 
considerable  administrative  difficulty.  Switzer- 

i    takes    advanced    ground    on    this    point, 

rver.  The  law  also  provides  that  after 
consultation  with  representatives  of  sick  societies 
and  associations  of  physicians  and  pharmacists, 
cantonal  authorities  shall  fix  rate  lists  showing 

imum  and  minimum  charges  for  every 
service  of  the  physician  and  for  all  medicines. 


GOVERNMENT  OF  SWITZERLAND 

In  sharp  contrast  with  the  decentralized 
1  system  of  sickness  insurance  is  the  monopolistic 
Swiss  Accident  Insurance  Institution  at  I.u/irn, 
also  established  by  the  law  of  1912.  The  Acci- 
dent Insurance  Institution  is  to  have  an  admin- 
istrative council  appointed  by  the  Federal  Council 
and  consisting  of  forty  members,  twelve  of  whom 
are  to  represent  compulsorily  insured  persons, 
sixteen  to  represent  owners  of  private  enterprises 
employing  compulsorily  insured  persons,  four  to 
represent  voluntarily  insured  persons,  and  eight 
to  represent  the  federation.  This  council  acts  as 
a  miniature  legislature,  deliberating  upon  and 
deciding  such  important  matters  as  rules,  risks, 
rates,  calculation  of  reserve,  and  annual  budget. 
The  actual  management  of  the  Institution  is  in 
the  hands  of  a  directorate,  appointed  by  the 
Federal  Council  upon  the  recommendation  of 
the  administrative  council  of  forty.  Agencies  of 
the  Institution  are  to  be  opened  in  the  different 
sections  of  the  country,  each  canton  being  en- 
titled to  one.  Sickness  societies  may  be  em- 
ployed as  agents,  and  by  their  cooperation  it  is 
hoped  to  prevent  simulation  and  the  collection 
of  double  benefits.  One  of  the  most  interest- 
ing features  of  the  insurance  law  is  a  provision 
calling  upon  trade  unions  with  a  membership 
extending  over  the  greater  part  of  the  country 
for  advice  not  only  regarding  men  proposed  for 
membership  in  the  council  but  also  on  a  number 
of  important  questions  of  management. 
[244] 


SOCIAL  LEGISLATION  AND  ADMINISTRATION 

Insurance  against  accident  if  made  compulsory 
upon  all  employees  in  a  large  number  of  occupa- 
s  where  accidents  arc  common,  including 
postal  service,  certain  classes  of 
factories,  building  trades,  explosives,  installing 
or  removal  of  machinery,  railroad  buiKi 
tunneling,  excavation,  mining,  and  quarrying. 
Voluntary  insurance  against  accidents  may  be 
granted  to  any  person  fourteen  years  of  age  and 
over  who  resides  in  Switzerland  and  is  not 
compulsorily  insured. 

The  federation  pays  one  half  the  expenses  of 
admimsrr.mon  of  the  Accident  Insurance  Instiru- 
.  and  in  addition  it  advances  to  the  latter  a 
working  capital  of  five  million  francs  and  a 
reserve  fund  of  equal  amount.  A  sharp  distinc- 
is  made  between  occupational  and  non- 
occupational  accidents.  Premiums  for  insurance 
against  the  former  are  paid  entirely  by  the 
employer.  Premiums  for  non-occupational  acci- 
dents are  paid,  three  fourths  by  the  insured  and 
one  fourth  by  the  federation.  A  very  interesting 
provision  of  the  law  is  that  requiring  the  Federal 
Council  to  prepare  a  list  of  substances  which 
cause  occupational  diseases.  A  disease  caused 
by  any  such  substance  is  deemed  an  accident 
under  the  law. 

In  case  of  accident  the  insured  is  entitled  to 
medical    attendance,   drugs,   surgical    appar.i 
and    necessary    traveling    expenses.     Indemnify 
for  loss  of  time  begins  the  third  day  after  the 


surance 


GOVERNMENT  OF  SWITZERLAND 

injury.     It  amounts  to  80  per  cent  of  earm 
the    latter,    however,    being    computed    as    not 
exceeding    14   francs    ($2.70)    a   day.     No   other 
European  country  allows  so  high  a  percentage. 
in-  If    permanent    total    disability    supervenes,    an 

annuity  amounting  to  70  per  cent  of  the  yearly 
wages  of  the  insured  is  substituted  for  the  in- 
demnity. In  case  of  death  a  contribution  of  40 
francs  ($7.72)  is  made  toward  the  funeral  ex- 
penses, and  survivors  receive  annuities  not 
exceeding  all  together  60  per  cent  of  the  annual 
earnings  of  the  insured. 

Number  Under  the  old  liability  laws  428,000  Swiss 
in«ured  workmen  were  entitled  to  benefits.  The  new 
accident  insurance  scheme  should  at  once  include 
600,000  workmen,  or  about  19  per  cent  of  the 
population.  It  is  estimated  that  the  total  cost 
for  accident  insurance  will  be  22,752,000  francs 
a  year,  of  which  employers  will  pay  63  per  cent; 
employees,  21  per  cent;  and  the  federal  govern- 
ment, 1 6  per  cent,  or  about  $700,000. 

In  addition  to  its  provision  against  sickness 
and  accidents,  Switzerland  has  made  some  in- 
teresting experiments  in  other  insurance  fields. 
Since  1893,  the  municipality  of  Bern  has  main- 
tained a  scheme  for  insurance  against  unemploy- 
ment, but  similar  efforts  on  the  part  of  the 
canton  of  St.  Gallen  (1894)  and  the  Basel  Labor 
Federation  (1901)  soon  failed.1  No  federal  pro- 
vision is  made  for  old-age  insurance.  However, 
1  Cf.  Frankel,  op.  cit.,  p.  385. 

[246] 


SOCIAL   IIGISLATION  AND  ADMINISTRATION 

a  few  cantons  and   about  7)   per  cent  of 
sickness  societies  are  dealing  with   the   matter 
on  an  annuity  basis.1     Homes  for  the  aged  poor 
are  m.imt.»incd  by  a  number  of  cantons.     From 
tin     income    derived    from    their    Attminds    or 
common    lands,    many    communes    make    t 
con'  ^  toward  the  support  of  this  class  of 

dependants.  Owing  to  the  wide  distribution  of 
small  property  holdings,  there  is  probably  less 
of  old-age  poverty  in  Switzerland  than  in  other 

pcan  countries. 
The  Swiss  federal  government  has  not  hesitated 

to  recognize  labor  unions  and  to  avail  itself  of  

their  cooperation,  as  in  the  case  of  the  Accident   of  ubor 
Insurance   Institution  cited  above.     A  still  more   ***** 

.mg  illustration  is  afforded  by  the  creation 
of  the  office  of  Secretary  of  Labor  in  1887.  There 
is  no  portfolio  of  labor  in  the  Federal  Council, 
and  the  most  closely  related  department,  that  of 
National  Economy,  is  largely  preoccupied  with 
other  matters.  The  Griitli  Association  t 
suggested  that  the  government  be  asked  for  a 
subsidy  to  provide  an  office  to  undertake  the 
scientific  study  of  labor  conditions,  and,  upon 
occasion,  to  mediate  in  labor  disputes.  Later 
the  Arbtitfrbund,  a  national  league  of  labor 
unions  regardless  of  their  particular  affiliations 
v. '.tii  So  '  atholic,  or  Radical  groups,  put 

the  full  force  of  its  large  membership  behind  the 
suggestion.    As  a  result  the  government  finally 
»  Ibid.,  p.  J4* 

[247] 


GOVERNMENT  OF  SWITZERLAND 

agreed  to  appropriate  5000  francs  annually  for 
the  proposed  labor  secretariat.  It  was  well 
understood  that  the  activities  of  the  chief  of 
this  new  office  would  be  largely  under  the  direc- 
tion of  the  ArbeiUrbund;  that,  in  effect,  he 
would  be  "a  private  and  exclusive  advocate  of 
the  interests  of  labor  in  the  pay  of  the  govern- 
ment, —  a  state-paid  agent  without  official  stand- 
ing." l  As  a  civil  service  test,  applicants  for 
the  position  of  Secretary  of  Labor  were  required 
to  draw  up  a  plan  for  their  own  future  official 
activities.  The  most  meritorious  paper  was  sub- 
mitted by  Herr  Hermann  Greulich,  a  Socialist 
and  former  bookbinder  of  Zurich,  who  thereupon 
received  the  appointment  and  has  ever  since 
occupied  the  office  with  conspicuous  success. 
In  spite  of  its  delicate  and  engrossing  duties, 
Herr  Greulich  has  found  time  to  serve  as  member 
of  his  cantonal  legislature  and  of  the  National 
Council  as  well,  and  has  also  taken  a  prominent 
part  in  the  councils  of  his  party. 

other  Under  the  head  of  social  legislation  one  should 

perhaps  include  the  action  taken  by  the  Swiss 

policies  federal  government  against  gambling  and  capital 
punishment.  Further,  the  alcohol  monopoly, 
in  addition  to  its  fiscal  purpose,  was  advocated 
on  the  grounds  that  it  would  diminish  the  evils 
of  intemperance.  Of  course  this  was  the  prime 
motive  of  the  anti-absinthe  amendment.  In 
the  list  of  positive  efforts  for  social  betterment 
1  Dawson,  "Social  Switzerland,"  p.  67. 

[248] 


SOCIAL  LEGISLATION  AND  ADMINISTRATION 

the  Swiss  educational  system,  and  the  hearty 
rest  and  support  which  it  commands  among 
the  great  mass  of  the  people,  are  immensely 
potent  forces.  Some  conception  of  the  SWIM 
federal  government's  financial  contribution  in  a 
sin^i  that  of  sickness  and  accident  insur- 

ance, may  be  afforded  by  the  fact  that  on  a 
population  basis  the  federal  government  of  the 
United  States  would  have  to  expend  thirty-eight 
million  dollars  annually  to  equal  it.  But  it  is  in 
resourcefulness  of  conception  and  careful  economy 
of  execution  that  the  relief  work  of  the  Swiss 
people  is  chiefly  notable.  Their  history  during 
the  last  few  decades  proves  over  and  over  again 
the  close  relationship  between  the  ideals  of 
democracy  and  of  social  justice. 

SELECTED  BIBLIOGRAPHY 

CRAWFORD,  V.  M.    "Switzerland    To-day:     A    Study    in 

Social  Progress"  (A  Surrey  of  Catholic  Activities). 
DAWSOM,  W.  H.     "  Social  Switzerland,"  Pt.  I  (Organization 

and    Protection   of  Labor);     Pt.    Ill    (Problem  of  the 

Unemployed). 
FRANKEL,  1      K  .   and    DAWSON,    M.    M.    "Workingmen'i 

Insurance  in  Europr.  ;.p.  73-81;  Ch.  X,  pp.  214- 

124;    C  h    XIV,  pp.   340-343;    Ch.   XVI,  pp.  386-388; 

Appendix,  p.  432. 
LLOYD,  H.  D.     "A   Sovereign    People:     A   Study   of  SWIM 

Democrat  IX    (The    State    for   the   Workers); 

X  (Industrial  Peace);    Ch.  XII  (The  Cooperative 

Movement). 
ViDrrz,  C.  W.  A.    "Child   Labor  Legislation  in   Europe," 

pp.  32^-413-     Bulletin  U.  S.  Bureau  of  Labor,  No.  89 

(July,  1910). 

[249] 


CHAPTER  XI 

THE     SWISS     ARMY     SYSTEM 

T7*  VERY  Swiss  is  bound  to  perform  military 
JC-/  service."  Upon  this  article  of  the  con- 
stitution of  1848  l  the  present  army  system  of 
itzerland  is  based.  Certain  requirements  as 
to  number,  organization,  and  instruction  of 
troops  were  added  in  order  to  secure  some  degree 
of  uniformity  in  the  service.  Apart  from  these 
general  provisions,  however,  the  earlier  formula- 
tion of  the  constitution  left  military  administra- 
tion in  time  of  peace  almost  wholly  in  the  hands 
of  the  cantons.  And  by  another  article,  which 
still  stands,2  the  federation  was  expressly  for- 
bidden to  maintain  a  standing  army. 

The  weakness  of  this  highly  decentralized  sys- 
tem soon  became  apparent.  During  the  Franco- 
Prussian  War  especially  the  Swiss  feared  that 
their  territory  might  be  violated  by  one  of 
the  belligerents.  As  a  consequence,  the  revised 
constitution  of  1874  gave  a  much  larger  share 
of  attention  to  military  affairs,  strengthening 
considerably  the  powers  of  the  central  govern- 
ment. A  law  enacted  the  same  year  put  into 
effect  these  new  provisions  of  the  constitution. 

1  It  appears  as  part  of  Article  18  in  the  constitution  of 
1874.  Art.  13. 

[250] 


THE  SWISS  ARMY  SYSTEM 

In  1895,  an  effort  was  made  by  constitutional 
amendment  further  to  centralize  control 
army.     After  a  heated  campaign  between  Hull 

sts"  who  emphasized  the  need  of  preparedness 
for  defense  and  "an-  i^ts"  %\ho  feared  the 

"  Prassianization  "  of  the  country,  the  amendment 
failed  by  a  popular  vote  of  269,751  to  195,178, 
the  cantons  dividing  17)  against  the  measure 
and  4)  for  it.  Somewhat  later,  agitation  was 
renewed  by  the  military  party,  and  in  1907  a 
comprehensive  law  was  enacted  reorganizing 
the  army.  By  the  terms  of  this  law  the  period 
of  ordinary  military  training  was  somewhat 
lengthened,  but  the  increased  burden  was  placed 
largely  in  the  earlier  years  of  service  where  it 
would  be  least  felt.  Considerably  higher  stand- 
ards were  established  for  the  training  of  officers. 
Petitioners  to  the  number  of  88,245  promptly 
demanded  a  referendum  on  the  new  law,  which 
was  held  November  3,  1907,  with  the  result  that 

.is  sustained  by  a  vote  of  329,953  to  267,605, 
—  a  sweeping  reversal  of  the  referendum  of 
1895.  The  army  act  of  1907,  which  thus  resti 
upon  the  approval  of  a  decisive  majority  of  the 
people,  still  remains  the  basis  of  the  Swiss  mili- 

system. 

Although  not  officially  a  part  of  that  system, 
preparation  for  it  really  begins  in  the  primary 
schools  of  the  country-  At  six  years  of  age,  on 
the  very  day  a  boy  enters  school,  he  takes  up 
a  course  of  physical  training  designed  not  only 


GOVERNMENT  OF  SWITZERLAND 

to  bring  about  his  maximum  indiviilu.il  develop- 
ment but  also  to  drill  him  to  perform  class  and 
team  exercises  with  vigor  and  precision.  As  far 
as  the  weather  allows,  this  work  is  done  in  the 
open  air.  For  pupils  of  ten  and  over  all  the 
schools  of  the  country  use  the  same  textbook,  — 
a  "Manual  of  Gymnastics  for  Preparatory 
Military  Instruction,"  —  and  their  methods  and 
results  in  this  department  are  subject  to  the 
supervision  of  the  federal  government.  Instruc- 
tion is  given  by  male  teachers,  who  receive  special 
preparation  for  this  work  in  the  various  Swiss 
normal  schools  and  in  special  courses  at  the 
universities.  Many  such  teachers,  by  the  way, 
hold  commissions  in  the  army.  The  thorough- 
going democracy  of  the  Swiss  public  schools, 
where  children  of  all  classes  work  and  play 
together,  and  the  teaching  in  these  schools  of 
civics  and  especially  of  the  nation's  history, 
with  its  century-long  record  of  patriotic  sacrifice 
and  struggle,  do  much  to  form  the  spirit  manifest 
in  the  citizen  army  of  the  country. 

While  still  in  the  schools  students  between 
the  ages  of  eleven  and  sixteen  may  join  volunteer 
cadet  corps  to  practice  the  manual  of  arms, 
marching  drills,  and  setting-up  exercises.  The 
federal  government  supplies  each  cadet  with  a 
light  model  of  the  regular  army  rifle  and  a  certain 
amount  of  ammunition  for  target  practice.  At 
sixteen  the  student  may  join  a  more  formal 
organization  of  the  same  general  character, 


THE  SWISS  ARMY  SYSTEM 

except  that  the  regular  army  rifle  is  used  and 
there  is  more  target  practice.  In  some  cantons 
boys  of  high-school  age  are  required  to  join  such 
corps.  Army  officers  voluntarily  gi«c  instruction 
to  the  cadets,  employing  Sundays  and  other 
spare  time  for  this  servi 

In  his  nineteenth  year  every  young  Swiss  it 
subjected  to  an  examination  to  determine  his 
ss  for  military  duty.  This  examination  is 
both  physical  and  mental*  the  latter  part  covering 
such  branches  as  reading,  composition  writing, 
s,  and  the  history  and  geography 
of  Switzerland.  About  63)  per  cent  pass  at 
the  first  test,  22}  per  cent  at  subsequent  tests, 
leaving  about  14  per  cent  permanently  rejected. 
Those  who  fail  in  the  intellectual  tests  are  sent 
to  night  schools  to  brush  up  their  knowledge. 
Physical  defectives  are  put  through  a  course  of 
special  training  for  a  year  prior  to  reexamination. 
Young  men  who  remain  partly  deficient  physi- 
cally may  be  enrolled  in  auxiliary  branches  of 
the  service  as  couriers,  trench  diggers,  drivers, 
stable  boys,  or  clerical  workers.  If  the  physical 
incapacity  is  complete,  they  must  pay  a  yearly 
military  exemption  tax,  which  is  also  exacted 
from  those  who  for  special  reasons  are  released 
from  service  prior  to  the  age  of  forty.  The  bur- 
den thus  imposed  is  by  no  means  inconsiderable, 
being  levied  in  part  against  income  and  property.1 

An  interesting  by-product  of  the  examination 
»  fee  Chapter  Ml  I 


GOVERNMENT  OF  SWITZERLAND 

of  the  youth  of  the  country  prior  to  entering 
upon  military  service  is  the  educational  effect 
resulting  from  the  publication  of  the  percentages 
of  failures.  These  are  eagerly  scanned  through- 
out the  federation  and  are  taken  to  indicate  in 
some  measure  the  efficiency  of  the  instruction  of 
the  various  cantons,  of  particular  schools,  and 
even  of  individual  teachers.  The  resulting  spirit 
of  emulation  has  done  much  to  raise  educational 
standards  throughout  the  republic, 
foite.  Liability  for  military  service  extends  from 
Land"  the  beginning  of  the  year  in  which  the  citizen 
and  '  reaches  the  age  of  twenty  to  the  end  of  the  year 
Land-  in  which  he  is  forty-eight.  Three  army  classes 
are  recognized:  the  filite  or  Auszug  (first-line 
troops),  from  the  twentieth  to  the  thirty-second 
year  inclusive;  the  Landwehr,  from  the  thirty- 
third  to  the  fortieth  year  inclusive;  and  the 
Landsturm,  from  the  forty-first  to  the  forty- 
eighth  year  inclusive,  —  officers  to  the  end  of 
their  fifty-second  year  or  later  if  they  so  request. 
There  are  also  assigned  to  the  Landsturm  soldiers 
of  the  filite  and  Landwehr  who  become  unfit  for 
service  in  these  classes,  and  volunteers  who  have 
proved  their  physical  fitness  and  ability  in  rifle 
practice.  In  case  of  war  or  threatened  war  the 
Federal  Council  may  order  the  recruitment  of 
men  fit  for  service,  of  eighteen  or  nineteen  years 
of  age.  While  unfit  in  most  cases  for  work  as 
part  of  a  field  army,  Landsturm  units  could  be 
usefully  employed  in  time  of  war  as  territorials, 


THE  SWISS  AK\n    SYSTEM 


I 

fi 

i  j 


i 

I 
I 

a 


m 


5-s 

52 


iilF' 

fc*S  gcg 


f 

la 


M 


u* 


u 


:-s 

"  2 


GOVERNMENT  OF  SWITZERLAND 

undertaking  such  duties  as  guarding  the  lines  of 
communication  and  policing  the  interior  of  the 
country. 

The  standard  scheme  of  training  for  soldiers 
of  various  classes  and  branches  of  the  service  is 
shown  in  the  table  on  page  255. 

Periodic  The  figures  presented  in  the  above  table  cover 
!?*"  time  of  instruction  only,  not  including  days  of 
arm*  assembly  and  dismissal,  which  amount  to  two 
per  course.  Outside  periods  of  training  the 
Swiss  soldier  is  also  obliged  to  present  himself 
once  each  year  for  an  inspection  of  the  arms  and 
equipment  which  are  left  in  his  charge  throughout 
his  term  of  service  by  the  government.  In  the 
case  of  an  infantryman,  for  example,  five  such 
inspections  occur  while  he  is  in  the  Elite,  seven 
while  in  the  Landwehr,  and  eight  while  in  the 
Landsturm.  A  few  minutes  only  are  required 
on  each  of  these  occasions,  and  as  the  inspections 
take  place  in  the  soldier's  home  commune  he 
need  spend  only  a  short  time  coming  or  going. 
Failure  to  keep  arms  and  equipment  in  proper 
condition  or  to  be  present  at  the  time  prescribed 
may  be  penalized  by  military  arrest  foV  short 
periods. 

The  Swiss  military  system  rests  on  the  same 
bases  as  those  of  its  great  neighbors  in  that  it 
is  universal  and  compulsory.  It  differs  sharply 
from  them,  however,  in  the  amount  of  time 
demanded  from  citizens.  In  the  German  army, 
for  example,  the  shortest  term  of  service  on  a 

[256] 


THE  SWISS  ARMY  SYSTEM 

basis,   th.i  quired    123 

weeks.1    This  amounts  to  more  than  five  times 

total  period  served  by  a  Swiss  soldier  of  the 
same  class*  Moreover,  th<  Liter  is  called  from 
home  not  to  exceed  sixty-five  days  at  any  one 

,  whereas  the  German  infantryman  served 
two  whole  years  at  the  age  of  twenty  and  twet 
one.  As  a  consequence  Germany  had  on  hand 
in  time  of  peace  an  enormous  standing  army, 
whereas  in  Switzerland  one  can  hardly  speak  of 
a  standing  army  at  all  except  with  reference  to 
a  comparatively  small  number  of  professional 
officers  and  tors  who  are  permanently 

engaged  in  military  service. 

The  question   naturally   arises  whether  in  so 
brief  a  time  the  citizens  of  Switzerland  can  be 

<d  to  meet  successfully  the  levies  of  its 
powerful  neighbors.  Military  authorities  differ 
widely  on  this  question.  It  can  be  definitely 
answered,  of  course,  only  by  war,  which  for- 
tunately the  Swiss  have  been  spared  with  any 
foreign  power  since  the  Napoleonic  period,  long 
before  the  present  army  system  was  established. 
Certain  general  considerations  bearing  upon  the 
matter  may  be  ventured.  Whatever  may  be 
thought  of  the  brevity  of  the  Swiss  period  of 


Friri-Konrad  Krflger,  "Government  and  Politic*  of 
the  German  Kmpirc,"  p.  153.  There  is  abo  a  one-year  volun- 
teer service  privilege  in  the  German  army,  but  it  U  conditioned 
upon  the  passing  of  a  rather  severe  examination  and  the 
possession  of  private  means. 


GOVERNMENT  OF  SWITZERLAND 

tr. lining,  there  is  general  agreement  as  to  its 
intensiveness  and  extremely  practical  character. 
At  the  recruit  school,  each  day  except  Sunday 
brings  with  it  eight  hours  of  hard  drill  or  in- 
struction. There  is  also  much  night  work,  such 
as  night  firing,  intrenching,  and  maneuvers. 
B.i  track-ground  drill  is  avoided,  so  far  as  possible 
all  work  being  done  out  in  the  open  country. 
Every  effort  is  made  to  develop  not  only  the 
ability  to  act  in  masses  but  also  the  highest 
capacity  and  initiative  on  the  part  of  each 
individual.  The  young  infantryman,  for  exam- 
ple, is  taught  the  necessity  of  discipline,  propriety, 
and  punctuality  as  a  matter  of  course,  and  he  is 
also  taught  to  be  a  marksman,  to  extricate 
himself  rapidly  from  difficulties  likely  to  occur 
on  the  march  or  in  combat,  to  dig  himself  in 
with  every  advantage  which  the  ground  may 
afford,  and  so  on.  Instruction  in  other  branches 
of  the  service  is  carried  out  on  the  same  principles, 
due  attention  being  paid  to  the  peculiarities  of 
each  branch.  Every  arm  of  the  service  is  taught 
to  take  advantage  of  the  mountainous  nature  of 
the  country  which  it  has  to  defend.  It  should 
be  remembered,  moreover,  that  the  young  Swiss 
does  not  join  the  colors  as  an  entirely  raw  recruit, 
but  brings  with  him  a  thorough  school  training 
in  gymnastics  and  in  many  cases  the  experience 
gained  in  cadet  corps.  So  far  as  possible  ability 
acquired  in  civil  life  is  turned  to  account  in  the 
army.  "The  doctor  and  apothecary  serve  in 

[258] 


THE  SWISS  ARMY  SYSTEM 

the  medical  corps,  the  electrician,  engineer,  and 
mechanic    in    the   engineers,   the    'bui    and    cab 

crs    as    artillery    drivers,    the    farmers    and 
horse-owning  classes  in  the  cavalry,  butchers  and 
bakers  in  the  supply  departments,  and  so  on."  ' 
There  must   also  be  an  extremely   high   per- 
centage  of  sharpshooters    in    the    Swiss    army. 
c  is  taken   up  in  early  youth   and 
pursued   throughout   manhood  with   all 

passion  of  a  national  sport.  Con- 
tests between  crack  teams  of  various  communes 
attract  as  much  attention  in  Switzerland  as 
league  ball  games  in  the  United  States,  while  the 

onal  competitions  in  which  the  best  shots  of 
each  canton  are  pitted  against  each  other  arouse 
all  the  fervor  of  a  world  series.  Communes  are 
encouraged  to  build  standard  rifle  ranges  by 
subsidies  from  the  federal  government.  Rifle 
clubs  which  conform  to  governmental  regulations 
also  receive  subsidies.  According  to  Delme- 
Radcliffc  there  were,  in  1906,  3732  such  clubs, 
with  220,951  members.  During  the  years  when 
they  are  free  from  service,  officers  and  enlisted 
men  of  the  Elite  and  Landwehr  are  required 
to  perform  under  inspection  a  prescribed  firing 
drill.  About  sixty  shots  a  year  with  a  fixed 
minimum  of  points  is  the  rule.  Those  who  fail 
to  meet  the  prescribed  standard  are  called  in 
for  three  days  without  pay  or  transportation 
allowance,  during  which  time  they  must  strive 

•  Dclme-Radchffc,  p.  23. 

[259] 


GOVERNMENT  OF  SWITZERLAND 

to  improve  their  marksmanship.  Under  these 
conditions  it  is  not  remarkable  that  Swiss  rifle 
clubs  have  won  the  highest  honors  in  seventeen 
out  of  eighteen  international  meets. 
Trmtninc  All  Swiss  army  officers  rise  from  the  ranks  and 
°fflcen  must  first  undergo  the  regular  training  as  out- 
lined in  the  table  above  for  some  one  branch  of 
the  service.  In  addition  they  must  take  various 
supplementary  courses  of  instruction  at  officers' 
schools,  the  number  of  such  courses  increasing 
with  the  rank  sought.  Some  measure  of  the 
additional  burdens  imposed  upon  those  seeking 
officers'  positions  is  afforded  by  the  fact  that  in 
the  first  two  years  of  service  a  corporal  must 
serve  89  days,  and  a  lieutenant  238  days  more 
than  a  private.  Further  courses  and  periods  of 
probation  are  required  for  promotion  to  the 
rank  of  first  lieutenant,  captain,  major,  and  so 
on.  Like  all  official  salaries  in  Switzerland,  the 
scale  of  pay  for  soldiers  and  officers  is  extremely 
low.  In  addition  to  quarters  and  meals,  privates 
receive  16  cents  and  corporals  30  cents  per  day 
of  active  service.  For  commissioned  officers  the 
scale  per  day  of  active  service  is  as  follows: 
lieutenant,  $1.40;  captain,  $2.00;  major,  £2.40; 
colonel,  $4.00;  commander  of  division,  $6.00; 
general  (in  chief),  $10.00.  Commissioned  offi- 
cers also  receive  an  allowance  of  twenty  cents 
a  day  for  food.  Except  for  privates  and  non- 
commissioned officers,  a  considerably  lower  rate 
of  pay  prevails  for  each  day  of  training  service. 
[260] 


THE  SWISS  ARMY  SYSTEM 

A  provision  of  the  Swiss  military  law  make 
obligatory  upon  any  one  nominated  for  a  com- 
mission to  accept.  It  is  admitted,  however,  that 
before  any  one  is  nominated,  the  question  as  to 
whether  he  is  financially  able  to  afford  it  must 
be  considered,  as  well  as  his  qualifications  for 
command. 

By  far  the  greater  majority  of  commissioned 
army  officers  are  regularly  engaged  in  business 
and  the  professions.  The  frequent  calls  made 
upon  them  by  the  service  must  therefore  represent 
considerable  personal  sacrifices  in  the  aggregate. 
There  are  only  about  250  professional  officers  in 
/crland,  counting  as  such  those  who  devote 
whole  time  to  military  duties.  Many  of 
tin m  serve  as  instructors  in  the  recruit  schools 
and  the  higher  schools  for  officers.  Others  com- 
mand brigades,  divisions,  or  army  corps. 

As  was  noted  above,  part  of  the  administration  sh*r«  « 
of  the  Swiss  army  is  in  the  hands  of  the  cantons.  JJ*11"* 
Comparatively  little  remains,  however,  of  the  military 
Urge  military  powers  once  possessed  by  the  JJJJJJ* 

i.  They  keep  lists  of  those  subject  to 
military  service,  equip  the  troops  in  part,  and 
upon  nomination  of  the  superior  military  author- 
ities, promote  officers  of  infantry  units  up  to  the 
rank  of  captain.  Officers  of  higher  rank  are 
appointed  by  the  federal  government.  The 
>ns  may  dispose  of  troops  of  their  territory 
when  the  federation  does  not  make  use  of  this 


GOVERNMENT  OF  SWITZERLAND 

Subject  to  the  control  of  the  Federal  Assembly, 
the  Kilrral  Council  has  charge  of  the  military 
establishment  of  the  republic.  One  of  the 
members  of  the  Federal  I'uumil,  at  present  M. 
Camille  Decoppet,  is  assigned  to  head  the  military 
department.  In  ordinary  times  the  Swiss  army 
is  without  a  commander  in  chief.  Whenever 
an  emergency  arises  which  requires  mobilization 
upon  a  considerable  scale,  the  Federal  Assembly 
chooses  a  general  in  chief,  who  takes  supreme 
control  of  the  military  situation  under  the  direc- 
tion of  the  Federal  Council.  At  the  outbreak  of 
the  present  war,  Ulrich  Wille  was  elected  to  this 
position.1  It  was  the  first  time  the  Swiss  army 
had  had  a  commanding  general  since  1871. 
Coit  Prior  to  the  outbreak  of  the  European  war  the 

Swiss  federal  government  was  spending  on  its 
army  45,000,000  francs,  or  nearly  $9,000,000, 
annually.  While  this  was  much  the  largest 
single  item  in  the  budget,  it  amounted  to  only 
$2.40  per  head  of  the  population.  It  should  be 
remembered,  however,  that  part  of  the  cost  of 
the  country's  military  system  is  met  by  the 
cantons.  Thus,  in  the  case  of  an  infantryman 
under  training,  about  one  third  of  the  cost  is  at 
cantonal  expense.  Of  course  the  mobilization 
of  a  large  part  of  the  Swiss  army  due  to  the 
present  war  has  made  necessary  much  greater 

1  His  only  predecessors  were  General  Herzog  during  the 
Franco-Prussian  War,  and  General  Dufour  during  the  anti- 
Prussian  uprising  over  Neuchatel  in  1857. 


I  UK  SWISS  AKMY  SYSTEM 

expenditures.1     With    the    fate    of   other    small 

»ns  that    have    been    invaded,  before    their 

eyes,  the  Swiss  may  well  consider  the  cost  of 

ing  and  maintaining  their  soldiery  upon  a 

war  footing  a  thoroughly  justified  and  not  too 

heavy  insurance  premium. 

In  spite  of  the  admirable  results  attained  at   SMMH 
such  moderate  cost  by  the  Swiss  military  system,   J 
it  hat  been  severely  criticized  at  times,  chiefly  «*  *• 
by    the    Socialists.    Only    recently    that    party  *rm7 
has  gone  over  to  absolute  anti-militarism.     Most 
of  its  leaders  formerly  agreed  that  for  defensive 
purposes  an  army  was  necessary,  but  they  wished 
to  reform  it  on  democratic  lines.     They  criticized 
it  on  the  ground  that  higher  officers  were  drawn 
almost    entirely    from    the   well-to-do    and    pro- 
fessional  classes,   and   were   therefore   likely   to 
become  infected  with  a  narrow  class  spirit  similar 
to  that  prevailing  in  monarchical  armies.     In  so 
large  an  establishment  occasional  cases  of  mit- 
nt  or  overtraining  of  men  were  certain  to 


occur,  and  these  were  always  made  the  most  of 
he  Socialist  press.     The  existence  of  a  feeling 
antagonistic  to  army  abuses  was  manifested  by 
decisive  rejection  at  a  referendum  in   1903 
of  an  amendment  to  the  penal  code,  popularly 
denounced  as  the  "Maulkrattengeset/  t Iv- 

or wrongly,  the  people  were  convinced  that  the 
purpose  of  this  law  was  to  muzzle  the  press  and 
thus  prevent  the   public  discussion  of  military 
»  See  Chapter  VIII. 

[263] 


GOVERNMENT  OF  SWITZERLAND 

abuses.  The  occasional  use  of  the  soldiery  in 
case  of  strikes  is  hotly  denounced  in  Switzerland 
as  often  as  it  occurs.  Undoubtedly  also  some 
hardship  is  experienced  by  workingmen  and  their 
families  as  a  result  of  the  considerable  number  of 
repetition  courses  that  they  are  obliged  to  take. 
The  higher  grades  of  employees  can  easily  use 
their  summer  vacations  for  the  purpose,  but  some 
employers  are  said  to  show  little  consideration  to 
common  laborers  in  this  connection.  So  far  as 
hardship  to  the  families  of  recruits  is  concerned, 
the  present  military  law  provides  that  in  case  of 
need  such  families  shall  be  assisted  by  the  com- 
munes in  which  they  reside,  the  assistance  to  be 
given  through  official  channels  other  than  those 
employed  in  the  administration  of  charity.  The 
commune  is  reimbursed  for  expenditures  of  this 
character,  three  fourths  of  the  amount  being  paid 
by  the  federation  and  one  fourth  by  the  canton. 
Soldiers'  families  are  also  insured  by  the  federa- 
tion against  financial  loss  due  to  sickness,  acci- 
dent, or  de2th  in  the  service,  but  such  pensions 
are  extremely  modest  in  amount. 

The  spirit  of  democracy  universally  prevailing 
in  Switzerland  would  seem  to  be  a  sufficient 
bulwark  against  militarism  and  Prussianization. 
Moreover,  the  people  possess  in  the  referendum 
a  very  effective  weapon  against  any  encroach- 
ments of  this  sort.  On  two  occasions,  when 
they  thought  they  were  so  menaced,  it  was 
successfully  used.  Considering  the  unquestioned 

[264] 


THE  SWISS  ARMY  SYSTEM 

devotion  of  the  Swiss  to  peace  and   the  long 
period   during  which   they   have   maintained 
tlu-rc  would  seem  to  be  no  real  danger  of  mi! 
i    from    \\uhin.      1  he    present    army   system 
If  rests  upon  the  basis  of  a  popular  majority. 
Moreover,  it  has  been  built  up  during  a  period 
when   the   Swiss   people   were   developing   along 
democratic   and   progressive  lines   as  rapidly  at 

nation   in   the  world. 

While  the  Swiss  army  is  small  compared  with 
the  enormous  totals  of  its  powerful  neighbor 
nevertheless  represents  a  very  large  proportion 
lie  male  manhood  of  the  country.  Estimates 
differ  considerably  as  to  its  maximum  size 
case  of  emergency.  In  1908,  Dclme-Radcliffe 
placed  the  Elite  at  145,000  strong,  the  Landwehr 
at  90,000,  and  the  Landsturm  at  45,000  armed 
and  260,000  unarmed  men.  For  1913,  the  year 
preceding  the  outbreak  of  the  European  war, 
the  actual  enrollment  in  the  Elite  was  stated  at 
On  the  same  basis  in  proportion  to 
population,  the  United  States  would  have 
available  in  time  of  peace  over  three  and  a  half 
million  Hrst-line  troops.  If  the  entire  available 
strength  of  the  Swiss  army  in  war  reaches  500,000, 
the  United  States  proportionately  should  be  able 
to  raise  twelve  and  a  quarter  million  men. 

At  the  outbreak  of  the  present  war  the  Swiss 
army  was  ordered   to  the  frontiers.     Estimates 
as  to  the  number  of  men  mobilized  range  from 
1  "Statesman's  Year  Book,"  1915,  p.  1384. 


GOVERNMENT  OF  SWITZERLAND 

Mobin-      200,000    to    300,000    or    more.     Naturally    the 
Swiss   government   is    extremely    reticent    as   to 

outbreak    this    and    other    details    of    troop    movements. 

*      t      Foreign  observers  were   not  allowed    to    go    to 

war  the  frontiers.     American   military   attaches  who 

studied  developments  from  the  interior  of  the 
country  were,  however,  greatly  impressed  by 
the  swiftness  and  sureness  with  which  mobiliza- 
tion was  effected.  Evidently  it  proceeded  in 
every  detail  along  the  lines  of  a  most  comprehen- 
sive and  well-thought-out  plan.  According  to  a 
recent  statement  by  the  chief  of  the  military 
department,1  the  Swiss  have  been  observing  with 
great  care  the  strategy  of  the  present  war.  As 
a  result  of  their  study  they  .are  making  changes 
in  their  army  system  far  in  excess  of  the  program 
of  1907,  particularly  with  regard  to  heavy  ar- 
tillery, machine  guns,  and  aviation. 

All  considerations  of  natural  aptitude,  patriotic 
spirit,  training,  and  mobility  indicate,  therefore, 
a  high  degree  of  efficiency  in  the  Swiss  army  in 
proportion  to  the  size  of  the  country.  In  judging 
its  final  utility  one  must  remember  that  it  is 
designed  solely  as  a  defensive  force.  Generations 
and  centuries  have  elapsed  since  the  Swiss  have 
thought  seriously  of  aggression  and  conquest. 
Nor  is  it  likely  that  Switzerland  will  be  attacked 
at  any  time  by  a  power  free  of  other  enemies,  or 
without  friends  ready  to  rally  to  the  support  of 

1  Interview  with  M.  Camilla  Decoppet,  Nnif  Zurchfr 
Zeitung,  February  5,  1917. 

[266] 


lill    SWISS  ARMY  SYSTEM 

the  little  republic.     It  if  scared)  crefore, 

as  i  great  and  somewhat  overbearing  statesman 
of  a  neighboring  power  once  remarked,  that  "his 
army  could  swallow  Switzerland  any  morning 
before  breakfast." 

Modern  warfare  has  become  a  conflict  of 
wealth,  industrial  org.mi/.mon,  and  highly  techni- 
cal weapons  such  as  aeroplanes,  tanks,  and  heavy 
artillery.1  Switzerland  is  neither  large  enough 

:  u  h  (  n.  -ii-h  to  engage  in  warfare  as  a  principal, 
but  any  mv.ulmg  force,  in  addition  to  the  bad 
faith  involved,  would  have  to  meet  the  embittered 
opposition  of  the  whole  manhood  of  a  country, 
-  natural  soldiers,  as  their  history  shows,  and 

usively  trained  to  arms  and  marksmanship. 
Moreover,  the  aggressor  would  enter  the  country 
in  the  face  of  the  certainty  that  the  Swiss  would 

mtly  ally  themselves  with  any  enemies  he 

ht  already  have,  and  throw  open  all  their 
roads  and  mountain  passes  to  the  armies  of  its 
new  allies.  Whatever  may  be  the  force  of  these 
considerations,  Switzerland  remains  today  a 
haven  of  peace,  although  it  is  completely  sur- 
rounded by  the  territories  of  belligerents  in  the 
bloodiest  war  of  the  world's  history. 

1  Cf.  H.  G.  Weils,  "Italy,  France,  and  Britain  at  War." 


GOVERNMENT  OF  SWITZERLAND 

SELECTED  BIBLIOGRAPHY 

CAJWAC,  J.  H.  R.  "Swit.  Rifle  Clubs'  In  'Nineteenth 
Century,"  Vol.  47,  pp.  93^-949  (June,  1900). 

— .  "Citizen  Army  of  Switzerland."  In  "National 

Geographic  Magazine,"  Vol.  28,  pp.  502-510  (November, 

I9IS). 

.  "The  Swift  System  of  National  Defense."  U.  S. 

Senate  Document  796,  63d  Congress,  3d  Session  (1915). 

.  "The  Military  Law  and  Efficient  Citizen  Army  of 

the  Swiss."  U.  S.  Senate  Document  360,  64th  Congress, 
ist  Session  (1915). 

DBLlli-RADCLiFFE,  C.     "A  Territorial  Army  in  Being." 

FEYLER,  F.  "Swiss  Military  System."  In  "Century  Maga- 
zine," Vol.  91,  pp.  53-64  (November,  1915). 

KUENZLI,  F.  A.     "  Right  and  Duty,  or  Citizen  and  Soldier." 


[268] 


CHAPTER  XII 

INTERNATIONAL    RELATIONS 

BY  the  constitution  of  1848  the  conduct  of 
foreign   affairs  was  assigned  in  general   to 

federation  to  be  exercised  actively  by  the 

Federal  Council.1     The  latter  was  directed  "to 

watch  over  the  external  interests  of  the  federa- 

P.UTU  ularly  the  maintenance  of  its  inter- 

:i.il    it  lations." f      In    the    field    of   foreign 
affairs  as  elsewhere,  however,   the  activities  of 

i  edcral  Council  arc  subject  to  review  by  the 
federal  legislature,  alliances  and  treaties  with 
foreign  powers  being  expressly  placed  within  the 
competence  of  the  two  houses.'  In  practice  this 
means  that  the  Federal  Council  conducts  inter- 
national negotiations,  reporting  the  treaties  into 
which  it  wishes  to  enter  to  the  legislative  bodies, 
and  being  authorized  by  the  latter  to  ratify 
them. 

One  exception  must  be  noted  to  the  powers 
of  the  federal  government  in  the  field  of  foreign 
affairs.  Under  earlier  regimes  the  separate 
cantons  were  accustomed  to  deal  quite  freely 
with  neighboring  states.  By  a  rather  curious 
survival  they  still  preserve  "the  right  of  con- 
cluding treaties  with  foreign  powers,  respecting 

1  Ait.  8.     '  An.  102,  clauses  8  and  9.    '  An.  85,  clause  5. 


GOVERNMENT  OF  SWITZERLAND 

the  administration  of  public  property,  and  border 
and  police  intercourse;  but  such  treaties  shall 
contain  nothing  contrary  to  the  federation  or  to 
the  rights  of  other  cantons." l  Official  inter- 
course between  cantons  and  foreign  governments, 
or  their  representatives,  shall  take  place  through 
the  Federal  Council;  nevertheless,  the  cantons 
may  correspond  directly  with  the  inferior  officials 
and  officers  of  a  foreign  state  in  regard  to  the 
subjects  enumerated  in  the  preceding  article.2 
Such  treaties  must  be  approved  by  the  Federal 
Council,3  and  may  be  brought  before  the  Federal 
Assembly  in  case  the  Federal  Council  or  another 
canton  protests.4  While  extremely  complicated, 
these  provisions  in  favor  of  the  cantons  impose 
no  real  restrictions  upon  the  scope  of  federal 
powers  in  international  intercourse.  They  do 
lead,  however,  to  a  rather  close  intercourse 
between  federal  and  cantonal  authorities  with 
regard  to  the  topics  affected  by  treaties  of  this 
description.8 

Switzerland's  diminutive  size  and  neutral 
attitude  release  her  from  the  necessity  of  play- 
ing an  active  part  in  the  European  whirlpool  of 
alliance  and  intrigue.  On  the  other  hand,  her 
rapidly  growing  foreign  commerce  demands  a 
constantly  expanding  diplomatic  and  consular 
representation  abroad.  Moreover,  it  is  esti- 

1  Art.  9.  *  Art.  10. 

1  Art.  102,  clause  7.  4  Art.  85,  clause  5. 

'  Cf.  Burclchardt's  "  Kommentar,"  2d  ed.,  pp.  112-131. 

[270] 


INTERNATIONAL  RELATIONS 

mated  that  between  300,000  and  400,000  Swiss, 
a  number  fully  equal  to  one  tenth  the  home  popu- 
>n,  reside  in  foreign  countries.  Of  these,  by 
>,ooo  were,  according  to  the  census 
of  1910,  established  in  the  United  States.  Yet 
it  has  been  found  very  difficult  to  provide  for 
the  expansion  of  the  diplomatic  and  consular 
service  of  the  country  in  accordance  with  its 
obvious  needs.  Diplomacy  is  not  altogether 
popular  in  Switzerland.  The  word  itself  is 
thought  to  smack  too  much  of  pomp  and  pride, 
of  the  obsequiousness  and  intrigue  of  royal 
courts.  Plain  citizens  of  limited  income  find  it 
hard  to  understand  that  a  diplomat  of  high  pro- 
fessional education  and  long  experience  may 
more  than  earn  the  large  salary  he  receives. 
Some  of  the  Swiss  ministers  plenipotentiary  are 
1  three  times  as  much  as  the  president  of 
the  federation,  although  this  only  proves  that 
the  president  is  paid  too  little,  not  that  the 
minister  is  paid  too  much.1 

There  have  been  some  rather  striking  illustra- 
tions of  this  democratic  jealousy  of  the  diplo- 
matic service.  Thus  an  appropriation  of  only 
10,000  francs  for  the  salary  of  a  secretary  of 
legation  at  Washington  was  brought  before  the 
people  by  referendum  petition  and  defeated, 
May  n,  1884,  by  an  overwhelming  major 

1  Dr  F.  PUtzhoff-Lcjeunr,  "La  Politiquc  etranfere  dc 
b  Suijsc,"  in  the  Jabrhub  drr  eidgnossiscbt*  Raut  1916,  pp. 
60^6 


GOVERNMENT  OF  SWITZERLAND 

It  is  only  fair  to  state,  however,  that  three  other 
measures  were  submitted  to  the  vote  on  the 
same  day,  part  of  which  were  extremely  unpopular, 
the  result  being  that  the  people  simply  threw 
out  the  whole  mass  of  legislation  submitted  to 
them. 

Considerably  more  serious  was  the  rejection 
of  the  law  of  June  27,  1894,  organizing  the  entire 
diplomatic  and  consular  service.  There  seems 
to  have  been  no  doubt  of  the  general  desirability 
of  this  legislation.  Prior  to  its  enactment  the 
foreign  service  had  been  provided  for  by  a  si 
of  decrees  and  resolutions  issued  from  time  to 
time  as  the  need  dictated.  To  codify  this  hetero- 
geneous mass  and  give  it  the  prestige  of  fornml 
law  was  the  purpose  of  the  act  of  1894.  In  addi- 
tion to  the  popular  dislike  or  indifference  to  the 
diplomatic  service,  some  religious  antipathy  not 
directly  connected  with  the  subject  was  injected 
into  the  campaign,  with  the  result  that  the  bill 
was  defeated,  February  3,  1895,  by  a  majority 
of  over  50,000.  As  a  consequence  the  federal 
authorities  have  since  not  ventured  to  enact  a 
law  organizing  the  foreign  service  of  the  country. 

Another  interesting  manifestation  of  Swiss 
democratic  feeling  toward  diplomacy  occurred 
in  connection  with  the  long-drawn-out  con- 
troversy over  the  St.  Gotthard  Railway  treaties. 
To  facilitate  the  construction  of  the  tunnel  for 
that  line,  agreements  were  entered  into  with 
Germany  and  Italy  in  1869.  There  was  con- 


INTERNATIONAL  RELATIONS 

sidcrable  fear  at  that  date  lest  treaties  even  on 
such  a  subject  might  lead  to  alliance  with 
stronger  powers  and  endanger  Swiss  inde- 
pendence. When  the  Swiss  government  finally 
decided  to  nationalize  railways,  negotiations 
regarding  the  St.  Gotthard  line  were  again 
taken  up  with  Italy  and  Germany,  certain  objcc- 

s  being  raised  by  the  latter  power.  In  1909, 
during  the  progress  of  these  negotiations,  it  was 

ned  that  Germany  had  protested  eleven  years 

icr  against  the  ownership  and  operation  of 
railroads  by  the  Swiss  government.  As  a  result 
of  the  withholding  of  this  knowledge  from  the 
people,  intense  feeling  was  engendered  against 
secret  diplomacy.  An  enormous  public  demon- 
stration of  protest,  attended  by  representative 

-ens  from  all  parts  of  the  country,  was  held 
at  Bern.1  Out  of  this  movement  there  came  a 
demand  by  means  of  initiative  petition  for  an 
amendment  to  the  constitution  providing  for  the 
submission  of  treaties  to  the  referendum  on  the 
same  terms  as  ordinary  legislation.  The  new 
amendment  is  proposed  as  an  addition  to  the  ref- 
erendum article  of  the  constitution  (Art.  89), 
and  reads  as  follows:  "Treaties  with  foreign 
powers  which  are  concluded  without  limit  of  time 
or  for  a  period  of  more  than  fifteen  years  shall 
also  be  submitted  to  the  people  for  acceptance 
or  rejection  upon  demand  of  30,00x5  Swiss  citi- 

Jesse  Macy,  "The  Swiss  as  Teachers  of  Democracy," 
"  Review  of  Review*,"  47:  711-714  (June,  1913). 

[a73] 


GOVERNMENT  OF  SWITZERLAND 

ztns  qualified  to  vote,  or  of  eight  cantons.'* !  As 
a  result  of  the  present  war  a  world-wide  interest 
has  been  developed  in  the  subject  of  the  demo- 
cratic control  of  international  relations.  Switzer- 
land's experiment  in  this  field  will,  therefore, 
command  attention  everywhere.  At  present, 
however,  the  proposed  amendment  to  the  con- 
stitution is  being  held  up  together  with  three 
others,2  in  order  to  avoid  political  discussion 
during  the  war. 

The  While   the   general   conduct   of  Swiss   foreign 

^£  affairs  is  intrusted  to  the  Federal  Council  as  a 
•emce  whole,  one  of  the  members  of  the  latter  —  the 
head  of  the  political  department  —  is  assigned 
to  take  direct  charge  of  the  diplomatic  and 
consular  services.  As  the  former  service  is 
organized  at  present  (1917),  it  includes  nine 
ministers  plenipotentiary,  located  at  Berlin, 
Buenos  Aires,  London,  Paris,  Petrograd,  Rome, 
Tokio,  Vienna,  and  Washington;  one  resident 
minister,  at  Madrid;  and  one  consul  general, 
who  acts  as  charge  d'affaires  at  Rio  de  Janeiro. 
High  professional  ability  and  permanence  of 
tenure  regardless  of  political  changes  at  home 
are  the  rule  in  the  Swiss  diplomatic  service. 
Thus  M.  A.  de  Claparede,  who  recently  (1917) 
retired  from  the  Berlin  embassy  at  the  age  of 
seventy-five,  had  served  successively  at  Wash- 
ington from  1888  to  1894,  at  Vienna  from  1894 

1  "Polititches  Jahrbuch,"  1913,  p.  583. 
•  Sec  Chapter  VI. 

[274] 


INTERNATIONAL  RELATIONS 

to  1904,  and  at  Berlin  from  1904  on.    M.  Charles 

. ,  who  retired  a  few  months  later,  had  been 

ro  France  for  thirty-four  yean.     It  is 

sting  to  note,  however,  that  two  vacancies 

in  the  Swiss  foreign  service  occurring  since  the 

nut  t>ic.ik   "i    the  war  have  been   filled   by  men 

<d  not  so  much   in  diplomatic  lines  as  in 

IMI  M  MOSS  and  transportation,  —  questions  of  the 

character  being  prominently  to  the  fore 

between  Switzerland  and  the  countries  to  which 

were  accredited. 

Switzerland  has  also  established  112  consulates 
in  foreign  countries,  eleven  of  which  are  managed 
•i  with   legations.     To  a  constantly 
rasing  degree  the  consuls  are  professionally 
cd,  but  a  number  of  the  smaller  offices  are 
ted  by  men  engaged  in   business  or  other 
occupations  who   give   only  so   much   of   their 
as  may  be  needed  to  official   duties.     In 
proportion  to  its  size  and  the  volume  of  business 
acted,  probably  no  other  foreign  establish- 
ment in  the  world  is  so  economical  as  that  of 
Switzerland.    The  entire  allowance  in  the  budget 
of   1913    for   the   political   department  —  which, 
it  will  be  remembered,  includes  much  besides  the 
and    consular    services  —  was    only 
1,603400  francs. 

By    the   constitution    of   Switzerland    itself   a   Tb« 
policy  of  neutrality  is  imposed  upon  the  govern- 
mem.     The   Federal  Council  is  specifically  en- 
joined to  "watch    over   the   external   safety   of 

C'75] 


GOVERNMENT  OF  SWITZERLAND 

Switzerland,  over  the  maintenance  of  its  inde- 
pendence and  of  its  neutrality."  l  In  the  main 
such  h;is  hri-n  the  policy  of  Switzerland  since  the 
sixteenth  century.  The  darkest  pages  of  Swiss 
history  abundantly  prove  the  folly  of  entangling 
alliances  for  a  country  of  its  size  and  location. 
After  the  manifold  tribulations  suffered  during 
the  Napoleonic  period,  engagements  were  entered 
into  by  Austria,  France,  Great  Britain,  Prussia, 
and  Russia  at  the  Congress  of  Vienna  regarding 
the  perpetual  neutrality  of  Switzerland,  and  these 
engagements  were  specifically  guaranteed  by  the 
Act  signed  at  Paris,  November  20,  1815,  by  the 
same  powers.  Nothing  in  the  latter  Act,  however, 
prevents  the  Swiss  from  taking  measures  of  their 
own  to  safeguard  their  country,  and  this  they 
have  wisely  done  by  the  creation  of  a  strong 
defensive  military  force. 

There  can  be  no  doubt  that  the  policy  of  neu- 
trality corresponds  to  the  deepest  needs  and 
convictions  of  the  overwhelming  majority  of 
thoughtful  Swiss  citizens.  In  view  of  the  enor- 
mously greater  size  and  power  of  their  immediate 
neighbors,  any  thought  of  conquest  and  expan- 
sion on  their  part  is  out  of  the  question.  Com- 
pounded as  they  are  of  three  racial  stocks,  the 
Swiss  naturally  possess  many  bonds  of  sym- 
pathy with  the  nations  surrounding  them. 
Moreover,  their  leaders  feel  that  the  republic 
has  a  world  mission  to  fulfill,  —  a  mission  of 
1  Art.  102,  clause  9. 

[276] 


INTERNATIONAL  RELATIONS 

democracy,  peace,  and  progress,  —  and  further, 
they  feel  that  the  success  of  this  mission  depends 
upon  the  maintenance  of  neutrality  and  friendly 
rions  with  all  other  nations.  They  seem  to 
be  more  deeply  conscious  than  our  own  states- 
men that  in  the  federal  principle  may  be  found 

:>asis  of  world  organization  in  the  future. 
Neutrality  and  independence  are  inseparably 
linked  in  the  minds  of  the  Swiss  as  well  as  in 
the  language  of  their  constitution.     Thus  self- 
prt  — the  first  law  of  nature,  political 

as  well  as  individual  —  speaks  in  favor  of  neu- 
.illv    it    should   be  noted   that  geo- 
graphic conditions  give  neighboring  countries  an 
cst  in  this  policy  second  only  to  that  of  the 
Swiss  themselves.     For  if  any  one  of  the  four 
neighboring  great  powers  should  come  into  con- 
of  the  passes  of  the  Alps,  it  would  thereby 
be  able  to  menace  the  other  three  to  an  intolerable 
degree.     The  Swiss    may  therefore    be  said  to 
hold  their  country  not  only  because  of  their  love 
for  it  and  for  independence  and  liberty,  but  also 
as  faithful  trustees  for  their  neighbors  and  the 
peace  of  Europe. 

In  order  to  realize  fully  the  principle  of  neu- 
trality, the  present  Swiss  republic  had  to  clear 
away  the  few  surviving  remnants  of  a  hoary, 
medieval  abuse,  —  the  system  of  supplying  mer- 
cenary soldiers  to  foreign  powers.  This  was  done 
.in  article  of  the  constitution  of  1848,  pro- 
viding that  "no  military  capitulations  shall  be 

C'77] 


GOVERNMENT  OF  SWITZERLAND 

made."1  Two  or  three  such  capitulations,  of 
treaties  by  which  various  cantons  agreed  to 
furnish  soldiers  to  other  countries,  were  still 
in  effect  at  the  time.  As  rapidly  as  possible  they 
were  brought  to  a  conclusion,  the  last  one  ending 
in  1859.  Stringent  laws  now  forbid  the  enlist- 
ment of  citizens  on  Swiss  soil  for  foreign  service, 
and  all  the  duties  of  a  neutral  state  in  this  con- 
nection are  scrupulously  observed.  Another 
ancient  evil  was  abolished  in  1848  by  an  article 
of  the  constitution  forbidding  Swiss  civil  and 
military  officials  to  receive  from  foreign  govern- 
ments "any  salary,  title,  gift,  or  decoration."2 
It  is  closely  similar  to  a  provision  in  the  con- 
stitution of  the  United  States,8  although  our 
danger  from  this  source  is  probably  much  less 
than  that  of  the  Swiss. 

During  the  Franco-Prussian  War  of  1870-71,  the 
Swiss  protected  their  neutrality  by  sending  mili- 
tary forces  to  the  frontiers.  When  the  French 
army  of  General  Bourbaki  was  driven  over  into 
their  territory  they  disarmed  it,  interning  officers 
and  men,  and  caring  for  them  with  whole-hearted 
hospitality  until  the  end  of  the  war. 
The  But  the  greatest  menace  that  Swiss  neutrality 

has  ever  had  to  face  is  that  occasioned  by  the 

war  and  <  J 

SWIM        present  war  in   Europe.     Immediately  upon  its 
neutrality    outbreak   a   declaration   was   issued    announcing 

1  Art.  II  of  the  constitution  of  1874. 

2  Art.  12  in  the  present  constitution  of  Switzerland. 
>  Art.  i,  Sec.  9,  cl.  8. 

[278] 


INTERNATIONAL  RELATIONS 

tin-  federation,  "uuctoits  centuriet  old 
dinon,  would  \  n-M  in  no  wise  from  the  principles 
of  neutrality    to   dear   to   the   Swiss    people 
The  nulit.iry  measures  taken   on    this   occasion 

<•  been  described  in  the    preceding   chap 
No  is  of  Swiss  territory  have  occurred 

ones  com  in  i  tied  by  aircraft. 
v  in  the  war  the  strongly  expressed  sym- 
pathies of  the  people,  dividing  along  racial  lines, 

the  various  belligerents  threatened  to  com- 
promise neutrality  and  even  to  break  down  the 
sentiment  of  national  unity.  Never  has  the 
been  greater  between  "  Deutsck"  and 
*  '  H'flsck"  —  that  is,  between  the  German  and 
non-German  sections  of  the  country.  Ex  agger  a- 

s  of  these  differences  by  certain  newspapers 

to  the   establishment   of   a  political    Press 
Control  Commission  of  five  members  appointed 

the  Federal  Council,  two  of  them  to  be  nom- 

cd  by  the  Swiss  Press  Association.1  On  two 
occasions  the  Federal  Council  found  itself  com- 
pelled to  address  words  of  solemn  warning  directly 
to  the  people.  No  utterances  called  forth  by  the 
great  war  express  a  deeper  sentiment  of  patriotism. 
•  and  far  beyond  all  else/'  one  of  these 
appeals  says  in  conclusion,  "we  are  Swiss;  only 

a    secondary    degree    are   we    Romance    and 
Teutonic.     Higher  than   all   the   sympathy  we 


,  August  4,  1914;    A.  S.  XXX.  361. 
of  July  27,  I9»S;  A.  S.  XXXI,  273. 
A  military  prtst  control  was  already  in  existence. 

C'79] 


GOVERNMENT  OF  SWITZERLAND 

may  feel  for  those  bound  to  us  by  the  ties  of 
race,  stands  the  welfare  of  the  one  Fatherland 
common  to  us  all.  To  it  everything  else  must  be 
subordinated."  l 

Gosely  connected  with  the  maintenance  of 
neutrality  were  certain  economic  difficulties 
which  threatened  not  only  the  industries  but 
the  very  life  of  the  people.  Switzerland  de- 
pends upon  other  countries  for  four  fifths  of  its 
prain,  and  for  virtually  all  the  coal  and  iron 
needed  by  its  railroads,  manufactures,  hotels, 
and  homes.  After  the  outbreak  of  war  it  was 
forced  to  procure  grain  through  the  territories 
of  the  Entente,  chiefly  from  America.  On  the 
other  hand  the  only  possible  source  of  supply 
of  coal  and  iron  was  Germany.  "Each  of  the 
two  hostile  alliances  enjoys  a  practical  monopoly 
of  the  first  necessities  of  life.  By  exploiting  this 
monopoly  to  the  utmost  each  group  might  ruin 
Switzerland,  or  force  her  to  throw  in  her  lot  with 
the  enemy." 

The  Swiss  government  has  tried  to  meet  this 
situation  by  negotiating  a  series  of  economic 
agreements  with  each  of  the  belligerent  groups. 
There  have  been  shortages  especially  of  coal 
and  iron,  under  which  industries  and  consump- 

1  Aufruf  an  das  Scbtofiztrvolk,  October  i,  1914;  A.  S.  XXX, 
510.     The  earlier  appeal,   issued   August   5,    1914,   may   be 
found  in  the  same  volume,  p.  362. 

2  Professor  W.  E.  Rappard  in  the  New  York  TYm//,  August 
26,1917. 


INTERNATIONAL  RELATIONS 

have  suffered  severely,  but  so  far  famine 
conditions  have  been  avoided.  As  these  economic 
agreements  have  been  entered  upon  with  the  full 
knowledge  of  both  groups  of  warring  powers, 
is  a  strong  presumption  that  they  are 
scrupulously  neutral  both  as  to  content  and 

It  will  be  recalled  that  at  the  outbreak  of  the   *•». 
war    the    Federal    Assembly    conferred    plenary   ] 
powers  upon  the  Swiss  executive.    To  safeguard   am* 

power  against  abuse  in  the  field  of  foreign 
relations,  each  of  the  two  houses  promptly 
established  a  neutrality  committee  (N futralitats- 
kommission).  These  two  committees  have  be- 
come exceedingly  active  bodies,  which  observe 
with  the  utmost  care  the  transactions  of  the 
Federal  Council  and  all  other  matters  falling 
n  the  scope  of  their  powers,  and  report 
thereon  in  great  detail  to  their  respective  branches 
of  the  legislature.  The  large  amount  of  time 
given  to  these  reports  both  in  the  National 
Council  and  the  Council  of  States,  and  the 
nded  debates  which  they  occasion,  indicate 
the  extreme  importance  which  the  two  houses 
attach  to  the  maintenance  of  a  scrupulously 
neutral  attitude. 

With  so  many  vital  interests  involved  and 
with  such  wide  areas  of  friction,  it  was  inevitable 
that  certain  untoward  incidents  should  occur, 
contrary  to  the  settled  policy  of  the  Swiss  govern- 
ment and  people.  One  illustration  is  afforded 


GOVERNMENT  OF  SWITZERLAND 

by  the  circumstances  which  led  to  the  transfer 
to  The  Hague  of  Dr.  Paul  Ritter,  former  envoy 
< xrraordinary  ami  minister  plenipotentiary  of 
Switzerland  to  the  United  States.  In  this  capacity 
Dr.  Ritter's  earlier  services  had  been  cordially 
appreciated,  but  after  our  entry  into  the  great 
war  he  appeared  somewhat  too  eager  to  serve  — 
apparently  on  his  own  responsibility  —  certain 
interests  which  Germany  had  intrusted  to  his 
charge.  As  a  result  there  was  considerable 
criticism  both  in  the  United  States  and  in  Swit- 
zerland, and  it  was  probably  for  this  reason  in 
large  part  that  he  was  transferred  to  the  Dutch 
capital.  Another  and  much  more  serious  case 
was  that  of  two  Swiss  army  officers  accused  of 
betraying  military  secrets  to  the  Central  Powers, 
who  nevertheless  escaped  with  disciplinary  pen- 
alties so  light  as  to  arouse  severe  criticism. 
Further,  a  civil  official  charged  with  the  grant- 
ing of  export  licenses  was  convicted  of  accepting 
bribes.  This  crime  is  so  rare  in  Swiss  political 
life  that  it  always  attracts  sensational  interest, 
which  was  greatly  intensified  in  the  case  under 
consideration  by  the  strained  international  situa- 
tion. In  French  and  Italian  speaking  sections 
of  the  country  street  demonstrations  protesting 
against  these  and  other  apparently  unneutral  oc- 
currences led  to  minor  acts  of  violence  against  the 
consulates  of  the  Central  Powers. 

All  these  cases,  however,  sink  into  insignificance 
in    comparison    with    the    unfortunate    Grimm- 

[282] 


INTERNATIONA!     !( 1  I ATIONS 

Hoffmann  affair  of  June,  1917.  Grimm,  a  mem- 
ber of  the  National  Council  and  of  the  extreme 
wing  of  the  Socialist  party,  had  gone  to  Petro- 
grad  short  I.  •<•  <>utt>rcak  of  the  Russian 

lun<>n.  throwing  himself  into  the  whirl- 
pool of  plots  and  counterplots,  he  was  able  to 
persuade  the  Swiss  minister  to  transmit  a  tele- 
gram to  Hcrr  Arthur  Hoffmann,  head  of  the 
political  (foreign  affairs)  department  of  the 
cral  Council,  inquiring  as  to  the  German 
.tttit  :.i«  r<>\vard  Russia.  After  an  interval  of 
a  week  Hoffmann  replied  stating  what  pur- 
ported to  be  the  German  peace  terms  and  assur- 

(irimm  that  Germany  would  undertake  no 
offensive  so  long  as  a  satisfactory  agreement 
with  Russia  seemed  possible.  Both  telegrams 
were  intercepted  and  made  public  by  Russian 
officials,  and  Grimm  was  expelled  from  the 

rry. 

Publication  of  these  facts  caused  an  enormous 
sensation  in  Switzerland.  In  spite  of  all  that 
was  said  in  defense  of  Federal  Councilor  Hoff- 
mann, it  was  evident  that  his  conduct  could  be 
rpreted,  —  indeed,  was  certain  to  be  inter- 
preted, —  in  the  chancellories  of  the  Entente, 
as  undertaken  in  the  interests  of  a  separate  peace 
between  Germany  and  Russia,  and  hence  as 
threatening  the  interests  of  the  Entente  in  the 
most  dangerous  manner.  From  a  Swiss  point 

uw  it  u.is  '  .1  blow  against  international 
confidence  in  the  unconditional  honorable  neu- 


GOVERNMENT  OF  SWITZERLAND 

trality   of  our   leading   men    and    hence   in    the 
conduct  of  the  country  itself."  ' 

Before  any  remonstrances  were  received  fmm 
the  countries  unfavorably  affected  by  his  con- 
duct, Federal  Councilor  Hoffmann  tendered 
his  resignation  in  a  statement  which  made  it 
clear  that  he  had  acted  in  the  matter  wholly  on 
his  own  responsibility  and  without  the  knowl- 
edge of  his  colleagues  of  the  Federal  Council. 
The  election  of  Gustav  Ador  of  Geneva,  presi- 
dent of  the  International  Committee  of  the  Red 
Cross,  to  the  vacancy  did  much  to  allay  the 
bitter  feeling  created  in  Romance  Switzerland 
by  the  Grimm-Hoffmann  affair.  Another  con- 
sequence was  the  determination  to  return  to  the 
old  system  whereby  the  Federal  President  takes 
charge  of  the  political  department.2  It  was 
believed  that  Federal  Councilor  Hoffmann's 
long-continued  tenure  of  this  position  predis- 
posed him  to  disregard  his  colleagues  in  the  Grimm 
case.  With  a  new  head  in  charge  of  foreign 
affairs  each  year,  similar  errors  are  not  so  likely 
to  occur. 

Notwithstanding  the  malodorous  character 
of  the  Grimm-Hoffmann  affair,  it  served  one 
good  purpose  by  emphasizing  anew  the  necessity 
of  absolute  neutrality  on  the  part  of  citizens  as 
well  as  officials.  Fortunately  for  Switzerland, 
the  wise  counsels  of  the  Federal  Council  and 

1  Dfr  Bund  of  Bern,  June  19,  1917. 
1  Bundfsbfschluss  of  June  26,  1917. 

[284] 


INTERNATIONAL  RELATIONS 

the  sober    common  tense  of   the  people  of  all 
.il  stocks  have  begun  to  prt  his  end. 

In  spite  of  all  difficulties,  economic  and  political, 
imposed  upon  the  country  by  the  increased  ruth- 
lessness  of  certain  belligerents,  the  spirit  of  unity 
rrulity  has  grown  stronger.    Partisanship 
.1  most  noble  work    of   hu- 
tty  in  behalf  of  all  VK tuns  of  the  war  regard- 
less of   nationality.     Switzerland  has  become  a 
great  clearing  house  for  the  exchange  of  com- 
inunu  .it  ;.-:i  and  material  relief  between  prisoners 
and  persons  living  in  conquered  areas  in  all  the 
belligerent  countries  and  their  families.    Prisoners 
rncd    in    Switzerland    are   received    and    suc- 
cored with  a  generosity  that  should  earn  undying 
gratitude  for  the  little  republ 

In   spite  of  her  modest   role   in   international 

politics,    Switzerland     has    been     a    recognized 

leader  in  many  earlier  works  of  mercy  and   in 

other  organizations  of  world-wide  influence.     At 

the  Geneva  Convention  in  1864,  the  Red  Cross 

was  founded,   and   the  administrative  offices  of 

international  committee  of  the  society  have 

been  located  ever  since  in  that  city.    As  a  gracious 

tribute  to  the  Swiss,  it  chose  as  its  emblem  their 

onal  flag  with  colors  reversed.     In  1871,  the 

-  great  court  of  arbitration  of  the  nineteenth 

\o  at  Geneva.     The  Telegraphic 

Union    founded    in    1869,    the   Universal    Postal 

Union  founded  in  1874,  the  International  Union 

of    Freight    Transportation    founded    in    1893, 


GOVERNMENT  OF  SWITZERLAND 

and  the  International  Bureau  of  Industrial 
Property  founded  in  1883,  with  the  last  of 
which  has  been  affiliated  since  1892  the  Inter- 
national Union  for  the  Protection  of  Literary 
and  Artistic  Property,  all  have  established  central 
offices  at  Bern  under  the  supervision  of  the 
Swiss  government.  Finally,  Switzerland  led  in 
the  formation  of  the  International  Labor  Office, 
with  headquarters  at  Basel,  —  a  semi-private 
association  supported  by  subscriptions  from  the 
participating  governments.  Its  purpose  is  to 
provide  a  basis  for  progressive  legislation  by 
investigation  of  labor  conditions  on  the  broadest 
and  most  accurate  scale. 

HO  the  It  is  the  view  of  some  statesmen  of  certain 
major  countries  that  the  day  of  small  nations 
has  passed,  that,  indeed,  they  might  with  advan- 
tage to  the  course  of  the  world's  development 
be  incorporated,  by  force  if  necessary,  in  larger 
political  entities.  Switzerland's  services  to  civi- 
lization should  alone  suffice  to  refute  this  doc- 
trine. Her  domestic  experiments  in  democratic 
and  progressive  legislation  have  won  the  sym- 
pathetic interest  of  the  liberals  of  the  world  and 
led  to  many  imitations  in  other  countries.  In 
foreign  relations  neither  the  renunciation  of 
imperial  ambition  nor  relatively  small  size  has 
prevented  her  from  becoming  a  most  useful  and 
influential  member  of  the  family  of  nations.  The 
plucky  determination  of  the  Swiss  to  defend 
themselves  to  the  utmost,  if  need  be,  enhances 


INTERNATIONAL  RELATIONS 

the  respect  in  which  they  are  held.  Any 
upon  this  sturdy  little  nation  will  merit  and 
receive  the  bitter  condemnation  of  liberty-loving 
peoples  everywhere. 

SELECTED  BIBLIOGRAPHY 

ADAMS,  F.  O.,  and  CUNNINGHAM,  CD.    "The  SWIM  Con- 
federation/' Ch.  XVIII  (International  Union*). 

KlY  Switzerland,"   in    "The  New 

;  71-173  (March  ao,  191$). 

Dl  List i,  A.     "The  Story  of  the  Red  Crow  Movemen 

McCiucitAN.  W.  D.    "The  Ri*e  of  the  Swu*   Repui 

f  Switzerland). 

MOSES,  B.     "The    Federal    Government   of    Switzerland," 
Ml  (Foreign  Relationt). 

Riuuca,  P.  S.     "Public    International    Union*/'    Ch.     II 
(Development  and  Organization  of  International  Union*). 

SHERMAN.  Maintenance  of  Swis*  Neutrality  in  the 

Present  War/*  in  the  University  of  Penniylvania  Law 
Review,  65:315-324  (February,  1917). 
KWT,  J.  M.    "Government  in  Switzerland,"  Ch.  XVIII 
(International  Relation*). 


CHAPTER  XIII 

SWISS     PARTIES    AND    PARTY 
ORGANIZATION 

The  '  I  ^HE  foundation  of  the  present  Swiss  repub- 

A  lie  was  the  work  of  those  Liberals  who 
transformed  cantonal  government  in  the  thirties 
and  forties  of  the  last  century,  and  who  de- 
cisively crushed  the  forces  of  reaction  in  the 
Sonderbund  war  of  1847.  Beaten  on  the  field 
of  battle,  the  minority  organized  itself  as  the 
Clerical  (Catholic  Conservative)  party  and 
continued  the  struggle  in  the  national  halls  of 
legislation.  As  a  majority  party  the  Liberals  nat- 
urally became  the  ardent  supporters  of  the  gov- 
ernment which  they  had  created.  In  addition  to 
their  religious  differences  the  two  parties  were 
divided  sharply  on  the  question  of  states*  rights, 
which,  by  the  way,  has  been  quite  as  funda- 
mental and  persistent  in  Swiss  as  in  American 
politics.  Completely  reversing  our  own  use  of 
the  word,  the  Catholic  Conservatives  called 
themselves  "Federalists,"  in  the  sense  that  they 
insisted  jealously  upon  the  guarantee  of  cantonal 
rights  under  the  federal  principle.  On  the  other 
hand  the  dominant  Liberals  as  "Centralists" 
favored  the  extension  of  the  powers  of  the  fed- 
eral government. 

[288] 


PARTIES  AND  PARTY  ORGANIZATION 

Soon  after  the  adoption  of  the  constitution  of 
1848,    it    became    apparent    that    the    rnajo 
party  was  itself  divided  into  a  moderate  and  a 
radical  wing.    On  matters  of  foreign  policy  and 

important   domestic  questions  such   as  that 
of  railroads,1  these  two  groups  took  up  antago- 
•  nrmles,  while  still  maintaining  their  soli- 
(gainst  the  reactionary  Catholics.     With 
power    ami   success   the   moderate   Liberal   wing 
lost   much  of  the   fire   and   energy  of  its  early 
£  spirit;    more  and  more  it  became  the 
party  of  the  railroad  and  cotton-manufacturing 
barons,  of  bankers  and  men  of  wealth  generally. 
Long     after    changing    conditions    made    their 
modification  necessary,  it  held  true  to  the  ortho- 
dox economic  dogmas  of  free  competition   and 
opposition  to  state  interference.    As  in  England, 
Belgium,  and  certain  other  European  countries, 

old  Liberalism  ot  land  was  very  largely 

political  in  its  program.      When  social  problems 

ilring  regulation  by  the  state  began  to  thrust 
themselves  forward,  its  importance  declined. 

atisfaction  with  this  standpat  attitude 
culminated  in  the  sixties  with  the  development 
of  an  independent  democratic  party,  the  natural 
outgrowth  of  the  earlier  radical  wing  of  the 

ral  party.    The  new  independent  democratic 
party  advocated  the  adoption  by  the  federation 
of  the   initiative   and   referendum,   already   suc- 
cessfully used   in  many  cantons.     Standing  for 
>  Cf.  Lowell,  II,  301. 


GOVERNMENT  OF  SVVII/I  Kl  AND 

purely  representative  institutions  in  opposition 
to  this  movement,  the  old  Liberal  element  \\.is 
decisively  defeated.  Subsequently  the  initiative 
and  referendum  have  proved  so  successful  in 
practice  that  they  have  been  accepted  by  all 
Swiss  parties,  including  those  conservative 
Liberals  who  opposed  them  in  the  sixties. 

The  constitutional  revision  of  1874  was  largely 
the  work  of  the  victorious  Radicals,  who  have 
ever  since  remained  the  strongest  national 
party.  As  the  latter  increased  in  strength,  the 
Liberals  of  the  center  gradually  declined.  From 
the  beginning,  however,  the  Catholic  Conserva- 
tive party  of  the  right  has  held  its  own  with 
remarkable  success.  Constantly  fighting  a  de- 
fensive battle,  it  has  developed  the  most  efficient 
and  harmonious  party  organization  in  Switzer- 
land. On  the  other  hand,  as  the  largest  party 
the  Radical  group  contains  some  very  hetero- 
geneous elements,  ranging  all  the  way  from 
wealthy  and  conservative  former  Liberals  to 
working-class  adherents  of  somewhat  advanced 
principles.  Just  as  Liberalism  had  given  birth 
to  Radicalism,  so  Radicalism  in  its  turn  gave 
Emer-  birth  to  Socialism.  In  1890  the  latter  party 
captured  six  seats  in  the  National  Council,  and  at 
subsequent  elections  it  has  made  steady  progress. 
Apart  from  this  the  most  interesting  recent 
development  of  Swiss  party  politics  is  the  great 
decline  of  the  former  center  or  Liberal  party, 
most  of  the  members  of  which  have  gone  over 

[290] 


PARTIES  AND  PARTY  ORGANIZATION 

Radicals.      At    present,    theref« 
LMilar  conflict  of  the  seventies  his  virtually 
been  resumed,  with  the   Radicals  in  control  of 
federal  govern  in  <  kcd  by  the  Catholic 

,( i \.ni\rs  I'mm  tlu   right  and  by  the  So. 
ists  h.'in   the   I,  tt.      In   Switzerland   as  a  whole 
aboi  |>cr  cent  of  the  voters  participating 

:<>ns  for  the  National  Council  now  cast 
ballots  for  Radical,  thirty  per  cent  for 
Conservative,  and  twenty  per  cent  for  Socialist 
candidates.  The  following  separate  statements 
may  serve  to  make  somewhat  more  clear  the 
composition  and  principles  of  the  three  major 
parties  and  of  the  more  important  minor  politi- 
cal groups. 


1'he  Conservative  Party  Groups 

The     Catholic     Conservative     party     counts 

among   its   members   almost   the   whole  popula- 

of  three  cantons,  —  Uri,  Unterwalden,  and 

Appenzcll    Interior.      In    Luzern,   Schwyz,   Zug, 

.  Snlothurn,  the  two  Basels,  St.  Gal 

tiuinden,   Aargau,  Thurgau,  Ticino,   Valais, 

and  Geneva,  it  contests  the  field   with  one  or 

c  other    parties.       While  internally    harmo- 

is  to    a    high  degree,  there  are  certain  dif- 

nces  between  the  ends  sought   by  the  laity 

•]Z\  in  the  Catholic  Conservative  party. 

A  Christian  Socialist  party  organization  has  been 

ncd    by    workinemcn    of   this   creed    in    the 


GOVERNMENT  OF  SWITZERLAND 

industrial  cantons  of  Solothurn  and  St.  Gallen 
2nd  the  cities  of  Zurich,  Basel,  SchaflFhau 
Einsiedeln,  etc.  While  sharing  the  clerical  and 
states'  rights  views  of  the  Catholic  Conserva- 
tives, the  Christian  Socialists  demand  pro^; 
sive  labor  legislation  and  occasionally  cooperate 
with  the  Socialists  to  obtain  it.1  Among  the 
more  prominent  leaders  of  the  Catholic  Conserva- 
tive party  are  Giuseppe  Motta  of  Ticino,  head 
of  the  finance  department  of  the  Bundesrat; 
Dr.  Alfons  von  Streng,  National  Councilor  from 
Thurgau;  Dr.  Anton  Bueler,  National  Councilor 
from  Schwyz;  and  the  two  members  of  the 
Council  of  States  from  Freiburg,  Georges  Python 
and  Georges  J.-J.  de  Montenach. 

What  remains  of  the  former  dominant  Liberal 
group  is  sometimes  spoken  of  as  the  Protestant 
Conservative  party.  It  also  retains  the  name  of 
the  center,  or  Liberal  Democratic  group.  Al- 
though many  of  its  former  adherents  have  gone 
over  to  the  Radicals,  it  still  holds  nine  seats  in 
the  National  Council.  Owing  to  the  wealth  and 
prominence  of  many  of  the  leaders  of  the  party, 
it  is  credited  with  an  influence  larger  than  its 
membership  would  indicate.  In  1911  it  had  a 
voting  strength  of  about  20,000,  chiefly  in  Vaud, 
Geneva,  Urban  Basel,  Ticino,  and  Neuchatel. 
The  recently  elected  member  of  the  Federal 
Council,  M.  Gustav  Ador  of  Geneva,  is  a  Lib- 

»  Cf.V.  M.Crawford,  "Switzerland  Today,"  Chs.  I,  II, 
andV. 

[292] 


PARTIES  AND  PARTY  ORGANIZATION 

National  Councilor!  Eduard  Secretan  of 
Vaud  and  Paul  Spciser  of  Basel  are  prominent 
among  the  leaden  of  this  pat 


II     Thf  Radical  Party 

Officially  the  Radical  group  is  now  named  the 
Independent     Democratic    (Frfisinnigt-dfmokra- 
tischt)  party.     As  the  largest  in  membership  it 
represents   a   rather   wide   divergence  of  views, 
.;mg  from  advanced  Liberalism  to  advanced 
Radicalism.    The  Independent  Democratic  party 
Us    great    social    and    economic    as    well    as 
polr  lucncc.      In    its    ranks    are   counted 

most  of  the  leaders  in  large  industry,  commerce, 
and  finance.     It  also  commands  the  support  of 
the  greater  part  of  the  peasants  of  the  country. 
The  bulk  of  the  party's  strength  is  in  the  large 
Protestant  cantons,  and  it  is,  of  course,  frankly 
anti-clerical  in  its  attitude.     From  their  Liberal 
predecessors  the  Radicals  inherited  and  have  re- 
ed to  the  present  time  a  strong  centralizing 
lency.    Originally  they  also  inherited  the  old 
ral    antagonism    toward    state    interference. 
ce  they  were  formerly  opposed  to  protective 
•Fs   and   to   the   nationalization   of  railways. 
•i    the    manufacturing    development    of   the 
.  however,  the  Radicals  have  turned  to 
•cction.     And  as  large-scale  industries  became 
numeric  have  admitted  more  and  more 

the  principle  of  state  control  and  also  of  state 

[293] 


GOVERNMENT  OF  SWITZERLAND 

ownership  and  operation.  Most  of  the  great 
federal  monopolies  were  created  and  the  rail- 
roads of  the  country  were  nationalized  under  tin 
dominance  of  the  Radicals. 

At  the  present  time  (1917),  five  of  the  seven 
members  of  the  Bundesrat  are  Radicals;  viz., 
Messrs.  Decoppet,  Schulthess,  Miiller,  Forn  i, 
and  Calender.  Among  the  more  prominent 
leaders  of  the  party  are  Dr.  Paul  Usteri  of 
Zurich,  Councilor  of  State;  and  the  following 
members  of  the  National  Council:  Karl  Scheurer 
and  Johann  Hirter  of  Bern;  Ernest  Chuard  and 
Dr.  Paul  Maillefer  of  Lausanne;  Henri  Fazy  of 
Geneva;  Heinrich  Haberlin  of  Thurgau;  Dr. 
Robert  Forrer  of  St.  Gallen;  Arthur  Eugster  of 
Appenzell  Exterior;  and  Dr.  Carl  Spahn  of 
Schaffhausen. 

There  still  remains  a  small  group  in  Swiss 
politics  directly  descended  from  those  demo- 
crats who  in  the  sixties  did  such  valiant  work  for 
the  initiative,  referendum,  and  other  reforms. 
In  the  course  of  time  most  of  them  were  swal- 
lowed up  by  the  Radical  party,  but  the  Eastern 
Swiss  Democrats,  with  about  18,000  votes, 
chiefly  in  St.  Gallen,  Thurgau,  Appenzell  Ex- 
terior, and  Glarus,  have  always  maintained  their 
independence  of  the  dominant  party.  In  the 
Federal  Assembly  their  representatives  have 
joined  with  the  Socialists  in  the  formation  of  a 
social  political  group,  so-called,  for  cooperative 
effort  to  advance  progressive  legislation. 

[294] 


PARTIES  AND  PARTY  ORGANIZATION 

III.    Tkt  Social  Democratic  Party 

"The  Social  Democratic  party,"  according  to 
one  of  its  Swiss  leaders,  "is  the  political  organiza- 
tion of  wage  workers,  employees,  and  the  eco- 
nomically weak  generally,  with  which  the  socially 
minded  of  all  classes  have  united  themselves."  l 
.   description   somewhat   idealizes   the   situa- 
tion,  for  while   the  great   majority  of  Socialist 
party   members  belong  to  the  working  classes, 
e   are   large   bodies  of  laborers   and   of  the 
"socially  minded"  as  well,  in  other  parties.    The 
tl  centers  of  Socialist  strength  in  Switzer- 
land   arc  the    great    industrial    cities,  —  Zurich, 
!mr,  Basel,  Bern,  Bicl,  and  CMten.    At  the 
rion  for  the  National  Council  in  1908,  70,000 
votes  were  cast  for  the  candidates  of  this  pa: 
Although  this  amounted  to  sixteen  per  cent  of 
1  popular  vote,  the  Socialists  secured  only 
per  cent  of  the  seats  in  the  lower  house. 
ler    the    circumstances    it    is    quite    natural 
that    they    should    strongly    favor    proportional 
representation. 

The  principal  tenets  of  the  Swiss  Social  Demo- 
crats are  the  same  as  those  of  their  comrades  in 
other  countries.  Foreign  influence,  especially 
that  of  the  German  Marxians,  has  been  very 
powerful  in  tluir  party.  A  surprisingly  large 
number  of  its  leaders  are  of  foreign  birth  or  of 
1  P.  PflQgcr,  "Handspicgcl  fQr  Nationalmt-Wahlcr," 


GOVERNMENT  OF  SWITZERLAND 

foreign  parentage  and  education.  As  a  move- 
ment Socialism  "seeks  to  control  all  the  powers 
of  the  state  and  to  bring  about  the  collective 
ownership  and  control  of  the  principal  means 
of  production  and  exchange,  in  order  that 
poverty,  class  antagonisms,  vice,  and  other  ill 
results  of  the  existing  social  system  may  be 
abolished,  and  that  a  new  and  better  social 
system  may  be  attained."  As  a  social  forecast 
it  holds  "that  the  next  epoch  in  the  evolution  of 
society  will  be  distinguished  by  the  social  owner- 
ship and  control  of  the  principal  agencies  of 
production  and  exchange,  and  by  an  equaliza- 
tion of  opportunity  as  a  result  of  this  socializa- 
tion/' l  Already,  however,  Switzerland  has 
attained  a  higher  degree  of  democratic  control 
than  any  other  country,  and,  as  we  have  seen,  it 
has  also  made  great  strides  toward  collective 
ownership  of  its  great  industries.  It  is  doubt- 
less because  of  these  facts  and  the  wide  diffusion 
of  small  property  holdings  that  Socialism  has 
remained  relatively  so  weak  in  Switzerland  as 
compared  with  Germany  and  France. 

While  cooperating  more  or  less  grudgingly  in 
the  nationalization  of  railways  and  other  plans 
for  state  ownership  sponsored  by  the  Radical 
party,  the  Socialists  have  always  criticized  that 
party  severely.  Such  steps  as  it  took  toward 
nationalization  of  industry,  according  to  these 
critics,  came  too  late,  were  not  comprehensive 
1  Spargo  and  Arncr,  "Elements  of  Socialism,"  p.  5. 

[296] 


PARTIES  AND  PARTY  ORGANIZATION 

enough,  and  were  designed  primarily  to  raise 
revenue  and  only  secondarily  to  improve  the 
condition  of  the  workers.  To  the  Socialist  the 
Radical  party  is  a  dominant  party  in  appearance 
only;  behind  it  stands  the  real  ruler  of  the 
country',  —  a  sinister  capitalistic  hierarchy. 

Like  all  its  predecessors,  as  the  Swiss  Social 
Democratic  party  acquired  a  following  it  devel- 
oped internal  differences.  Its  members  exhiinr 
y  shade  of  opinion  from  an  advanced  but 
pacific  radicalism  to  violent  revolutionary  prop- 
agandism.  In  1901,  the  party  formed  an  alli- 
with  the  GrutlivfTfin,  an  association  of 
workmen  of  advanced  views  which  \\ith  its 
numerous  branches  and  thousands  of  members 
had  exerted  a  strong  influence  in  favor  of  labor 
rms.  To  the  younger  and  more  extreme  ele- 
ment of  the  Socialist  party,  however,  the  moderate 
"Grutlianfr"  were  anathema,  and  late  in  1916 
the  partnership  was  dissolved.  It  remains  to  be 
seen  how  far  this  action  will  affect  Socialist 
strength  in  future  elections. 

e  the  outbreak  of  the  war  the  Swiss  Social- 
have  been  largely  preoccupied  by  the  ques- 
•'!"  militarism.     Formerly  their  attitude  was 
favorable  to,  or  at  least   tolerant  of,  defensive 
armament.     During  the  last  few  years,  however, 
the  younger  and  more  extreme  wing  of  the  party 
has  been  carrying  on  a  campaign  against  military 
of  any  sort.     "Not  a  man  and  not 
a  penny"  is  the  slogan  of  this  element,  and  at 

C'97] 


GOVERNMENT  OF  SWITZERLAND 

the  iui   of  June  9,    1917,  they  succeeded 

in  carry  mi;  tluir  views  by  a  vote  of  nearly  three 
•me.  Henceforth  Socialist  members  of  the 
Federal  Assembly  are  to  be  instructed  to  vote 
against  all  military  resolutions,  credits,  and 
laws,  and  the  party  is  to  undertake  the  organiza- 
tion  of  Swiss  workingmen  for  the  most  extreme 
and  resolute  resistance  against  the  participation 
of  the  country  in  any  war.  By  another  resolu- 
tion on  the  same  occasion  the  Swiss  Socialists 
declared  for  class  war  until  existing  governments 
are  brought  down  and  the  present  European 
war  ended  by  revolution.1  It  is  hardly  neces- 
sary to  say  that  these  sentiments  are  repulsive 
to  the  great  mass  of  patriotic  Swiss  citizens, 
particularly  so  at  a  time  like  the  present  when 
a  large  part  of  the  young  manhood  of  the  country 
stands  in  arms  at  the  frontiers  to  protect  the 
country  against  invasion.  Intel-nationalistic  doc- 
trines of  this  character  are  inconsistent  with  the 
declarations  of  nearly  all  the  older  leaders  of  the 
party  and  with  the  opinions  of  many  of  its  mem- 
bers. Thus  the  war,  which  already  has  split 
the  Social  Democratic  party  in  a  number  of 
countries,  is  likely  to  have  the  same  effect  in 
Switzerland. 

Dr.  Emil  Kloti  of  Zurich,  a  well-known  writer 

on   proportional    representation,   is    president  of 

the  Socialist   party  in   Switzerland.     Among  its 

older  and  more  conservative  leaders  are  Councilor 

1  Bcrner  Bund,  June  II,  1917. 


PARTIES  AND  PARTY  ORGANIZATION 

of  Stat<  Scherrcr  of  Sc.  Gallon;    and 

lowing    National    Councilors:     Hermann 

'.ml    I'll..  ,1    Robert   S- 

ugcn    WulUchleger    of    Basel;     and 

Gustav  Miillcr  of  Bern.    The  following  are  leaders 

•he  extreme  ann-milu.msr  iary 

^  of  tin-  party:    Messrs.  Nobs,  Flatten,  and 

Munzenberg;    and   National   Councilors   Robert 

•un  of  lit  m,  Charles-Th.  Nainc  of  Lausanne, 

.mi!   Ernest  Graber  of  Neuchatel. 

Besides  the  regular  party  organizations,  Switzer- 
land possesses  a  large  number  of  propagandist 
associations,  local  and  national,  some  of  which 
have  done  very  effective  political  work.  The 
.-.livtrein  has  been  mentioned  already,  llel- 
Mf id,  founded  in  1 8c8,  --pushed  the  construction 
o/  tte  Got t hard  runnel,  completed  in  1882,  and 
the  Nfuf  Gothardvertinigung  of  feiter  date  looks 
after  the  interests  of  the  public  in  relation  to 
railroad  service  in  that  part  of  the  country. 
ilating  the  Gotthard  success,  the  Pro  Sempioiu 
society  waged  a  campaign  for  the  Simplon  tunnel, 
which  was  completed  in  1906.  The  Eidgt- 
nassisckf  I'crfin  is  an  influential  conservative 
Three  great  campaigns  for  proportional 
representation  in  national  elections  have  been 
waged  by  the  Sckurfiisrischsr  WaklrfformivreiH 
fur  proportionals  Polksvtrtrftung.  The  Fodsratio- 
vrrband  dis  fidgtnossischtn  Personals  is  constantly 
growing  in  strength,  and  during  recent  years  has 
exerted  marked  influence  upon  the  federal  Icgis- 


GOVERNMENT  OF  SWITZERLAND 

lature  in  matters  affecting  the  wages  and  con- 
ditions of  labor  of  government  employees. 

The  woman  suffragists  of  Switzerland  are 
organized  in  the  Schwtizfrischfr  Frauenstimm- 
rechtsverdn.  There  are  also  many  local  suffrage 
and  feminist  associations.  A  number  of  the 
hitter  are  petitioning  for  the  right  of  married 
women  to  administer  their  own  property.  They 
also  ask  that  husbands  shall  be  compelled  to  give 
full  accounts  of  their  means  and  personal  ex- 
penditures. At  the  annual  meeting  of  the 
national  suffrage  association  in  1917,  a  resolu- 
tion was  adopted  favoring  the  use  of  the  initia- 
tive to  secure  an  amendment  to  the  federal 
constitution  conferring  the  vote  upon  women. 
It  is  not  probable,  however,  that  this  end  will 
be  attained  in  the  near  future.  In  view  of  the 
progress  made  by  the  Swiss  in  so  many  fields  of 
democratic  endeavor,  they  must  be  adjudged 
backward  to  a  rather  startling  degree  in  the 
movement  for  woman  suffrage.  To  a  large 
extent  this  is  due  to  the  fact  that  the  German- 
speaking  sections  of  the  country  share  the  general 
Teutonic  antipathy  against  any  agitation  for 
woman's  rights.  There  is  also  some  opposition 
due  to  clerical  prejudice.  On  the  other  hand, 
the  Swiss  have  dealt  generously  with  women  both 
in  the  matter  of  admitting  them  to  higher  educa- 
tional institutions  and  in  freely  opening  up  to 
them  numerous  trades  and  professions,  —  oppor- 
tunities of  which,  by  the  way,  they  have  availed 

[300] 


PARTIES  AND  PARTY  ORGANIZATION 

themselves  eagerly.1     While  this  policy  deprives 
the   suffragists  of  a  grievance,  it   also  enables 

them  t"  iii.nnt.iin  that  their  educational  training 
i  econom:  >n  justify  the 

'   h.uuhisc  to  them* 


So  far  Swiss  women  have  won  only  a  few  local 
ones  for  suffrage,  none  of  which  is  of  great 
political  significance.  In  1908,  Vaud  conferred 
upon  them  the  right  to  vote  in  the  church  com- 
munes —  that  is,  to  help  choose  parish  councilors 
and  pastors.  However,  women  were  not  made 
eligible  to  these  offices.  Urban  Basel  followed  the 
example  of  Vaud  in  1917.  Recently  Neuchatel 
conferred  upon  women  the  right  to  vote  for  and 
be  elected  to  Consuls  dt  prWAommss,  i.e., 
councils  which  adjudicate  in  disputes  between 
,'loycrs  and  employees.  The  first  election 
under  this  law  occurred  in  October,  1917.  Women 
participated  in  large  numbers,  electing  46  out 
of  438  councilors.1  There  has  been  considerable 
agitation  lately  for  municipal  suffrage  in  Bern  and 
Gem 

In   addition   to  the  influence  wielded   by  the 
'•s  and  associations  referred  to  above,  party 
motives    are    frequently    crisscrossed    by    r.i 
and  linguistic  tendencies.    Voters  in  French  and 

1  On  this  point  we  in  interesting  but  rather  too  optimistic 
men  and  Democracy  in  Switzerland,"  in  the 
•;iK."  1  10:  423-426  (September,  1912). 
1  'International  Woman  Suffrage  News,"  12:42  (Decem- 
ber, 1917). 

[301] 


GOVERNMENT  OF  SWITZERLAND 

Italian  speaking  cantons  arc  exceedingly  jealous 
of  their  separate  interests.  Evtn  those  whose 
affiliations  are  with  centralizing  parties  do  not 
hesitate  to  abandon  that  attitude  at  the  least 
threat  of  anything  hostile  to  their  local  interests. 
Newspapers  also  play  a  great  part  in  Swiss 
politics.  Although  functioning  usually  as  the 
organs  of  one  or  another  of  the  political  parties, 
they  are  singularly  free  from  partisan  rancor  or 
personal  vituperation.  The  news  accounts  of 
meetings  of  national  and  cantonal  legislatures, 
city  councils,  party  diets,  and  other  political 
assemblages  are  complete  and  unbiased  to  a  de- 
gree almost  unknown  in  the  United  States.  Solid 
argument  and  dry  facts  are  used  unsparingly, 
and  there  is  none  of  the  effort  so  common  on 
this  side  of  the  Atlantic  to  play  up  a  single 
sensational  incident  in  such  a  way  as  to  over- 
shadow events  of  real  significance.1 

1  Among  Swiss  daily  newspapers  the  Bund  of  Bern  is 
perhaps  the  most  useful  for  students  of  politics.  It  is  the 
nearest  approach  to  an  "official"  paper  that  exists  in  Swi 
land,  and  as  such  supports  the  Radical  party.  Of  the  same 
partisan  attitude  is  the  Neue  Zurcber  Zeitung,  which  is  valu- 
able not  only  for  its  political  news  and  views,  the  latter 
somewhat  pro-German,  but  also  because  of  the  attention  it 
devotes  to  commercial,  financial,  industrial,  and  agricultural 
interests,  especially  those  of  eastern  Switzerland.  Other 
important  dailies  are  the  Valerland,  the  leading  organ  of  the 
Catholic  Conservative  party,  Luzern;  the  Easier  Nach- 
richten,  Liberal  Conservative;  the  National  Zeitung,  Radical, 
Basle;  La  Libertf,  Catholic,  Freiburg;  La  Revue,  Radical, 
Lausanne;  La  Gazette  de  Lausanne,  Liberal  Conservative; 

[302] 


>   PARTY  ORGANIZA 


sent  strength   (1917)  of  •  icipal 

r WO  hoUSCS  Of  th<  ir^islaturr 

it  as  follows: l 


Name  of  1 

CfMMi 
of 

State* 

National 
i  fesjs] 

CatboUcConset. 
A  Democratic  (Con*, 
mdcnt  Democratic  (Radii-.. 
Social  Democrath 
Minor  panic*  and  independents 

10 

21 
I 
$ 

39 
U 
108 
ll 

11 

Total  

44 

2 

It   will   be  observed   that  the  number  of  the 
lolic    Conservatives    is    much    greater    pro- 

and  Lr  Journal  dt  Gfnfrr,  Liberal  Conservative.  There  is 
no  really  prominent  Socialist  paper.  The  Tagwafbt,  Bern, 
and  the  BasUr  forts  arts  are  perhaps  the  most  noteworthy 
•  party's  organs.  Occasional  article*  of  political  interest 
may  be  fo. .  following  Swiss  reviews  of  a  more  gc. 

character:     Wissen    und    Lcbtn*    scmi-monthl  La 

Sfm*i*f  littirairf,  Geneva;    and   La  Biblioihrqut  UnitfrsflU, 
monthly,  Lausanne.    An  excellent  brief  discussion  of  Swiss 
journalism  may  be  found   in  A.  T.  Story's  "Swiss  Lit 
Town  and  Cou:  XVII.     The  au thorn  :cnce 

in  this  field  is  the  "  Annuaire  de  la  Presse  Suisse  et  du  Monde 

,u Wished  in  Geneva. 

1  According  to  a  recent  newspaper  report,  the  new 
National  Council,  elected  in  December,  1917.  for  the  ensuing 
thrrr  >nstituted  as  follows:  Catholic  Conservatives, 

al  Dcmocr.i-  .  it.  Independent  Democratic,  loo; 
Social  Political  Group,  5;  Social  Democratic,  19;  minor 
panics  and  independents,  7;  with  five  stats  as  yet 


[303] 


GOVERNMENT  OF  SWITZERLAND 


portionally  in  the  upper  than  in  the  lower  house. 
This  is  due  to  the  fact  that  the  strength  of  the 
Clericals  is  in  the  small  cantons,  each  of  which 
nevertheless  sends  two  members  to  the  Council 
of  States.  As  the  Radicals  are  strongest  in  the 
larger  cantons,  which  also  elect  but  two  members 
each  to  the  Council  of  States,  the  latter  party 
does  not  come  out  so  well  in  the  upper  house  as 
in  the  lower.  In  both  houses  members  are  seated 
not  according  to  party  but  according  to  the 
districts  which  they  represent,  —  another  evi- 
dence of  the  moderation  of  party  feeling  in 
Switzerland. 

Coming  as  he  does  from  an  exceedingly  noisy 
and  strenuous  political  environment,  the  American 
student  is  predisposed  to  find  the  quieter  methods 
of  Swiss  parties  ineffective,  and  the  parties 
themselves  of  small  importance.  It  is  true  that 
Swiss  political  groups  are  exceedingly  stable,  as 
figures  showing  their  strength  from  year  to  year 
in  the  National  Council  amply  demonstrate.1 

1  The  strength  of  the  four  principal  parties  in  the  National 
Council  at  various  dates  is  given  as  follows: 


Party  Name 

Year 

1878 

1890 

1902 

Catholic  Conservative  .  .  . 

35 
3i 
69 

35 

22 
83 

6 

35 

25 

97 
9 

Liberal  Democratic  (Conservative).  .  .  . 
Independent  Democratic  (Radical)  
Social  Democratic 

[304] 


PARTIES  AND  PARTY  ORGANIZATION 

There  is  no  large  mass  of  independent  voters  to 
turn     the    v  sensationally    and 

warning  from  one  side  to  the  other.     Counting 
Radicals  of  today  as  an  outgrowth  from  tiu  I 

!s  of  a  generation  ago,  it  may  be  said  that  the 
iblic  has  been  under  the  O>MU»I  <>t  a  single 
party  from  its  foundation  in  1848.  And  it  is 
generally  agreed  that  party  feeling  is  less  marked, 
party  action  more  restrained,  since  1874,  than  in 
the  earlier  period  of  the  federation. 

For  this  comparative  quietness  and  absence  of 
passion  a  number  of  reasons  may  be  given.    First, ,  JJ"JJJ 

ally  no  patronage  to  be  secured 
partisan    activity.      Professional    politicians 
almost    unknown    in    Switzerland.      Second,    the 
referendum  enables  the  people  to  overthrow  the 
work  of  a  legislator  without  dismissing  him  from 
his  seat.     Third,  the  members  of  the  national 
executive  are  not  chosen  by  popular  vote.    Among 
minor  reasons  may  be  mentioned  the  brevity  of 
legislative  sessions  and  the  comparatively  small 
of  electoral  .  which  makes  it  possi- 

ble for  voters  to  know  candidates  personally. 

While     these    causes    explain     the     apparent 
placidity  of  Swiss  political  life,  it  by  no  means   ™ 

•vs  that  the  parties  of  that  country  are  weak 
in  organization  or  ineffective  in  action.  There 
is  something  of  the  federal  idea  in  the  structure 
the  greater  national  parties.  Each  of  ttu 
latter  rests  upon  a  number  of  cantonal  party 
groups  which  have  large  autonomous  powers  in 

[305] 


GOVERNMENT  OF  SWITZERLAND 

their  own  districts.  Often  the  name  of  a  local 
party  differs  from  that  of  the  national  group  with 
\shich  it  is  affiliated,  —  a  situation  which  un- 
phasizes  sharply  the  distinction  drawn  between 
state  and  national  politics.  On  national  issues, 
however,  these  local  bodies  obligate  themselves 
not  to  take  action  without  consulting  the  central 
party  officials.  Provision  is  also  made  in  the 
statutes  of  the  various  national  parties  for 
individual  membership  on  the  part  of  adherents 
living  in  sections  of  the  country  where  the  party 
enrollment  is  not  large  enough  to  warrant  or- 
ganization. The  supreme  authority  of  a  party  is 
vested  in  a  diet  which  will  be  described  later. 
Each  party  possesses  a  central  committee  chosen 
annually,  either  by  the  cantonal  organizations 
or  by  the  diet,  to  conduct  the  affairs  of  the 
party.  In  the  Radical  party  this  committee  is 
made  up  of  thirty-two  members,  one  from  each 
canton  and  half  canton,  except  Zurich,  Bern, 
and  Vaud,  which  are  given  two  each.  The  cen- 
tral committee  of  the  Liberal  Democratic  party 
includes  besides  the  cantonal  delegates  all  repre- 
sentatives of  the  party  in  the  Federal  Assembly 
and  one  representative  from  the  editorial  office  of 
each  party  organ.1  As  the  central  committees  are 
too  unwieldy  for  frequent  meeting,  they  usually 
select  a  smaller  executive  committee  from  their 
midst.  In  both  the  Radical  and  Socialist  parties 

1  Cf.  "  Die  Statuten  dcr  schweizcrischen  liberal  demokra- 
tischen  Partei,"  Politiscbes  Jabrbuch,  XXVII,  p.  738,  1913. 

[306] 


PARTIES  AND  PARTY  ORGANIZATION 

e   are  organizations   known   respectively   as 

YmiMK     Radicals    and    Young    Socialists, 

i    this   appellation  seems  to  signify   not 

that    the   members   are   youthful    in   years   but 

they  are  advanced  in  their  views,1 

i    national    party   chooses   a   president,  vice 

presidents,  secret .u\.   tn-.isurrr.  etc.,  who  have 

seats  in  the  executive  committee. 

by  the  party  diets,  however,  that  all  this 

i    motion.     These   are   held 

tally,  or  more  often  if  emergency  warrants, 

of  the   principal   ntu-s  of  the  couir 

^natcd  for  the  occasion.     Between  three  and 

hundred  delegates  attend  the  diets  of  the 

i-s.      Among    the    delegates    of   the 

Socialist    party,   which    favors   woman    suffrage, 

c  is  always  a  considerable  number  of  women. 

Many    party    members   who   are   not   delegates 

come  from  neighboring  localities  and  increase  the 

lance  materially. 

After  the  presentation  of  the  annual  reports 
i  accounts  of  party  officials,  the  diet  turns  to 
u-  matter^    The  course  pursued  by  its  mem- 
bers in  recent  sessions  of  the  Federal  Assembly 
reviewed,   and   sometimes   sharply   censured. 
In  these,  as  in  all  other  proceedings  of  the  diets 
of  their  parties,  representatives  in  the  National 
Council  and  Council  of  States  and  even  members 

lay  school*  such  as  exist  in  other  countries  are  main- 
1  by  Swiss  Socialists  for  the  training  of  children  in  party 

[307] 


GOVERNMENT  OF  SWITZERLAND 

of  the  Bundesrat  play  a  prominent  part,  nor  does 
there  seem  to  be  any  feeling  that  participation 
by  the  latter  constitutes  undue  partisanship  or 
the  unfair  use  of  official  position.  Next  on  the 
regular  program  the  diet  takes  up  the  large 
immediate  issues  of  the  day.  Thus,  at  the  diet 
of  the  Radical  party  held  in  Bern,  June  19-20, 
1917,  the  two  great  topics  considered  were  ad- 
ministrative reform  and  the  financial  program 
of  the  Federal  Council.  It  is  the  custom  to  ap- 
point in  advance  two  authorities  on  each  of  such 
questions,  one  to  report  in  German,  the  other 
in  French.  These  reports  usually  embody  a 
thorough  analysis  of  the  question  and  conclude 
with  definite  proposals  for  its  solution.  After 
the  authorities  have  spoken  the  matter  is  open 
for  general  discussion  from  the  floor,  which  is 
often  animated  and  prolonged.  In  the  end  a 
decision  is  reached  and  formulated  in  a  resolu- 
lution  which  is  presumed  to  bind  the  party  and 
the  party's  representatives  in  office.  At  diets  of 
minority  parties  the  circulation  of  initiative 
petitions  to  secure  certain  party  ends  is  a  fre- 
quent subject  for  discussion. 

It  will  be  noted  that  the  Swiss  party  diet 
differs  sharply  from  an  American  national  con- 
vention in  that  it  is  concerned  solely  with  party 
policy,  not  with  nominations.  And  in  its  de- 
termination of  questions  of  policy  it  acts  with 
perfect  openness,  the  whole  body  of  delegates 
taking  part  in  the  proceedings  without  a  trace 

[308] 


PARTIES  AND  PARTY  ORGANIZATION 

of  the  noise  and  disorder  which  mar  our  national 

conventions.       Personalities    ire    almost    com- 

plrtrlv     .il's.-nt     h. .in     these    discussions.      The 

ith    \\hich   the  diets  are  held   also 

has  the  advantage  of  securing  a  new  and  authori- 

nient   of  national    party   policies   at 

least  once  a  year,  whereas  we  have  to  wait  four 

:s  from  one  platform  to  the  next. 
Of  course  these  conditions  might  be  changed  if 

rierland  turned  to  a  single  president  elected 

people  instead  of  a  Federal  Council  of 

seven  chosen  by  the  Federal  Assembly.    Nomina- 

s  to  the  Federal  Council  and  to  other  im- 
portant offices  within  the  gift  of  the  federal 
legislature  are  made  not  by  the  diets  but  by 
party  caucuses  composed  of  members  of  the 
two  legislative  houses.  At  present  the  only 
popularly  elective  federal  officials  are  representa- 

>  in  the  National  Council  and  in  the  Council 
of  States,  so  far  as  the  latter  arc  chosen  by  the 
people.  As  electoral  districts  are  small,  nomina- 

s  for  these  offices  are  usually  madfc  by  a  meet- 
ing of  the  party  members  of  the  district  or  canton 
concerned.  In  districts  where  a  contest  is  hope- 
less, minority  parties  do  not  as  a  rule  nominate 
candidates.  The  principal  parties  often  agree 
among  themselves  upon  the  number  of  seats  to 
which  each  is  entitled  in  a  district  electing  several 
members  to  the  National  Council,  and  nomina- 
are  then  made  by  each  accordingly.  Some- 
a  growing  party  becomes  dissatisfied  with 

[309] 


GOVERNMENT  OF  SWITZERLAND 

its  quota  and  attempts  to  capture  an  additional 
seat  or  two.     The  result,  of  con  pnlitK-.d 

campaign  of  unusual  fierceness  until  a  in  w 
balance  of  power  is  worked  out.  In  all  these 
contingencies,  however,  one  must  reckon  with 
the  Swiss  voter's  dislike  of  rotation  in  office, 
as  a  result  of  which  a  sitting  member  is  not  to 
be  dismissed  out  of  hand  even  though  his  party's 
waning  strength  would  not  enable  him  to  retain 
his  seat.  At  his  death  or  resignation,  however, 
the  inevitable  change  is  promptly  consummated. 
influence  Deficient  as  Swiss  political  life  is  in  spoils- 
nuntmg>  noise,  and  sensationalism,  it  is  apparent 
that  the  national  parties  of  the  country  are 
admirably  organized  for  the  work  they  have  to 
do.  In  the  diets  of  the  parties  the  greater  issues 
of  national  politics  are  first  threshed  out.  As  it 
exists  today  the  federal  government  is  largely 
the  product  of  such  decisions  in  the  past.  In  the 
contemporary  action  of  the  diet  of  the  dominant 
party  the  course  of  the  government  in  the  imme- 
diate future  is  usually  forecast.  In  the  decisions 
of  minority  parties  the  strategy  of  the  opposition 
is  outlined  in  advance.  Every  action  of  the 
diets  is  characterized  by  a  high  degree  of  intelli- 
gence and  efficiency.  Both  in  what  they  do  and 
in  what  they  leave  undone  Swiss  parties  might 
serve  as  models  for  parties  in  certain  other 
countries. 


[3.0] 


PARTIES  AND  PARTY  ORGANIZATION 

SELECTED  BIBLIOGRAPHY 

ADAM*.  F.  O.,  and  CUNNINGHAM,  CD.     "The  SWIM  Con- 

federation.    Cfc    Ml     Pbtitkal  Partict). 
DA  w»iw.  Social  Switzerland,"  PC.  I,  Ch.  V  (The 

GriiiU  Association). 
LLOYD,  HD.     "  A  Sovereign  People,    ^     \  1  1  1  (Swiss  Social- 


Low  s  "  Governments  and  Parties  in  Continental 

c,"  Vol    I  II  (Swineriand:    Parties). 

"The  Switt  and  T  s"     In  "American 

Journal  of  Sociology,"  Vol.  2,  pp.  25-42  (July,  1896). 
Ooc,  *  >pe,"  pp.  434-437. 

SlICNOBOft,  C     "A  Political  History  of  Europe  since  1814" 
aslated  by  S.  M.  Macvanc),  Ch   IX  (Switzerland). 


CHAPTER  XIV 
THE  CANTONS:    ORGANIZATION 

Cantoni  I"N  spite  of  the  immensely  greater  territory  of 
JJJJ^y  A  the  United  States,  the  differences  existing 
mmoni  between  the  various  states  are  small  compared 
M"TC§  Ult^  those  existing  between  the  cantons  of 
Switzerland.  In  historic  background,  in  economic, 
racial,  linguistic,  and  religious  conditions,  the 
latter  exhibit  wide  divergences  which  have  been 
described  elsewhere.  The  result  is  a  peculiarly 
vivid  local  life,  which  to  many  a  citizen  and 
politician  is  more  absorbing  than  the  distant  and 
less  colorful  life  of  the  federal  union.  Even  in 
size  the  cantons  vary  greatly,  ranging  all  the 
way  from  Graubiinden  and  Bern  with  2773  and 
2657  square  miles  respectively,  down  to  Zug 
and  Schaffhausen  with  92  and  114  square  miles 
respectively.  Some  of  the  cantons  include  both 
urban  centers  and  wide  areas  of  farming  country; 
others  are  almost  entirely  agricultural  and  pas- 
toral; while  two  of  them  —  Geneva  (108  square 
miles)  and  Urban  Basel  (14  square  miles)  —  are 
virtually  city  states. 

Politically  also  the  cantons  differ  widely 
among  themselves.  At  one  end  of  the  scale 
are  the  six  democracies,  —  Uri,  Upper  Unter- 
walden,  Lower  Unterwalden,  Glarus,  Appenzell 


THE  CANTONS:   ORGANIZATION 

and    Appenzell    Exterior,    in    which     a 

Landsgcmeinde    or    popular    assembly     is    the 

supreme    legislative    authority.       Next     in     the 

degree  of  their  democracy  come  eleven  cantons 

each  with  some  form  of  the  obligatory  referendum : 

Bern,    Schwyz,    Zug,    Solothurn,    Rural 

Basel,  SchafFhauscn,  Graubiinden,  Aargau,  Th 

gau,  and  Valais.     Seven  are  democratic  to  the 

extent  that  they  possess  the  optional  referendum 

-nam-K,     I  u/rrn,    Urban    Basel,    St.    G alien, 

no,  Vaud,  Ncuchatcl,  and  Geneva.  Freiburg 
alone  is  still  without  the  referendum  in  either 
form.  It  is,  therefore,  the  sole  remaining  case 
of  a  purely  representative  or  republican  form  of 
government  among  the  cantons  of  Switzerland. 
As  regards  their  internal  organization,  on  the 

:    hand,    all    the    cantons    follow    the    same 
general    plan.      With    the   exception   of  the   six   tnt«nuu 
democratic    states,   which    will    be   discussed    in   *?** 
detail   later,  each   has   a   unicameral   legislature 
usually  called  the  Grand  Council  (Grossrat,  Grand 
Conjfilj  Gran  Conjs'g/to),  sometimes  the  Cantonal 
Council  (Kantonsrat).     These  bodies  are  elected 
by  popular  vote,  —  in  ten  cantons  by  the  method 

proportional  representation,  —  usually  for 
terms  of  three  or  four  years.1  The  basis  of  repre- 
sent very  low,  especially  in  the  smaller 
Thus  in  Zug  there  is  one  member  of 
the  legislature  for  every  350  inhabitants;  in 
SchafFhauscn,  one  for  every  500.  Even  in  the 

1  In  GraubQndea  for  two,  in  Freiburg  for  five  years. 

[313] 


GOVERNMENT  OF  SWITZERLAND 

larger  cantons  the  basis  of  representation  is 
much  lower  than  the  average  fixed  for 
legislatures  in  tin  United  States.  In  Freiburg, 
Ticino,  and  Ncuchatel,  for  example,  it  is  one 
representative  to  1200  inhabitants;  in  Zurich 
and  St.  Gallen,  one  to  1500;  and  in  Bern,  one 
to  3OOO.1  As  a  result  of  these  low  ratios  cantonal 
legislatures  have  a  relatively  large  membership, 
ranging  from  somewhat  less  than  100  in  smaller 
cantons  to  over  200  in  the  larger.  The  Cantonal 
Council  of  Zurich,  for  example,  has  223  members. 
The  Students  of  state  government  in  the  United 

*Tand  States  are  more  and  more  inclined  to  doubt  the 
desirability  of  bicameral  legislatures.  While 
the  Swiss  adopted  the  latter  system  in  their 
federal  scheme,  they  do  not  seem  to  have  con- 
sidered it  suited  to  the  needs  of  cantonal  govern- 
ment. Nor  is  hasty  legislation  the  result  of  the 
absence  of  this  favorite  device  of  the  check-and- 
balance  theorists.  In  deliberateness  and  sound 
judgment  and  in  the  quality  of  their  discussions, 
the  Grand  Councils  take  high  rank,  several  of 
them  comparing  favorably  with  the  two  national 
houses  themselves.  To  a  foreign  observer  the 
lengthy  and  systematic  reports  of  the  proceed- 

1  To  complete  the  list  the  following  intermediate  figures 
may  be  quoted:  Aargau,  one  to  uoo  inhabitants;  L 
Geneva,  and  Valais,  one  to  1000;  Solothurn  and  Rural  Basel, 
one  to  800;  Schwyz,  one  to  600;  Vaud,  one  to  350  voters, 
equivalent  to  about  1600  inhabitants;  Thurgau,  one  to  250 
;s,  equivalent  to  about  1150  inhabitants. 

[3-4] 


THE  CANTONS:    ORGANIZATION 

ings  of  i  ires  in  Swiss  newspapers 

are    particularly    impressive    as    inilu-uring 

•it  to  w!  i   uYli iterations  are  followed 

by   the   publu       With   bodies  of  this  chara< 
.<•  of  a  second  house  for  the  purpo&< 
ling  has  n  is  not  likely  to  be  great. 

Moreover,  if  restraining  action  of  this  sort  should 
become  necessary,  the  people  themselves  could 

v  means  of  the  referendum. 
According  to  the  federal  constitution,  cantonal 

itutions  must  "have  been  ratified   by  the  T 
people,    and    may    be    amended    whenever    the   da 
of  the   citizens    request   it"    (Art.    6,  Jj 
'.     In  addition  to  this  absolute  application 
rive  and    obligatory  referendum  to 
their  constitutional  affairs,  eleven  cantons,  as  was 
1  above,  have  adopted  the  obligatory  refer- 
irn  applying  to  ordinary  legislation.     In  most 
cases   the  latter  includes  all   laws,  which   thus 
come  automatically  before  the   people  for  final 
decision.     However,  the  output  of  a  Swiss  can- 
ton.i  does  not  run  to  anything  like 

•uilky  volume  or  two  of  statutes  turned  out 
annually  by  our  American  state  legislatures.     In 
ly  all  cases  it  barely  fills  a  small  pamphlet 
of  a  few  score  pages.     Moreover,  the  same  ii 

is  made  as  in  the  case  of  federal  legisla- 

bctween    laws   and    inferior   forms   of  the 

expression    of   the    legislative    will,    the    former 

only  as  a  rule  coming  before  the  people  under 

obligatory   referendum.     As  the  laws   thus 


GOVERNMENT  OF  SWITZERLAND 

represent  but  a  small  part  of  the  restricted  legisla- 
tive output  of  a  year,  the  people  are  not  over- 
burdened by  being  compelled  to  pass  judgment 
upon  a  large  number  of  bills  at  any  one  time. 

Besides  laws,  certain  financial  measures  are 
specifically  subject  to  the  obligatory  referendum 
in  several  cantons.  Thus  all  money  grants  in 
excess  of  250,000  francs,  or  of  an  annual  sum  of 
20,000  francs,  must  be  approved  by  the  people 
of  Zurich.  Several  cantons  not  only  have  the 
obligatory  referendum  applying  to  laws  and 
large  appropriations  but  also  the  facultative 
referendum  (i.e.,  conditioned  upon  the  gathering 
of  the  signatures  of  a  certain  number  of  petition- 
ers) applying  to  other  resolutions  and  decrees  of 
the  legislature.  In  Bern  and  Aargau  the  budget 
as  a  whole  was  formerly  subject  to  the  obligatory 
referendum,  with  the  result  that  it  was  thrown  out 
so  often  by  the  economical  electorate  that  the 
matter  had  to  be  withdrawn  from  popular  control.1 

Each  of  the  seven  cantons  employing  the 
optional  referendum  has  fixed  a  definite  number 
of  signatures  necessary  to  make  a  petition  effec- 
tive, ranging  from  1000  in  Urban  Basel  to  6000  in 
Vaud.2  In  Luzern  and  Ticino  the  requirements 

1  Lowell,  "Governments  and  Parties,"  II,  p.  270.  At 
present  the  obligatory  referendum  in  Bern  applies  to  appro- 
priations in  excess  of  500,000  francs;  in  Aargau,  to  all  laws. 

1  For  the  other  cantons  the  numbers  are:  Luzern  and 
Ticino,  5000;  St.  Gallen,  4000;  Neuchatel,  3000;  and  Geneva, 
2500. 

[316] 


CANTONS:   ORGANIZATION 

are  rather  stiff,  working  out  to  something  like 
fifteen  per  cent  of  the  qualified  voters.  The 
lowrsr  requirements  arc  those  of  Urban  Basel,  — 
something  less  than  four  per  cent,  —  and  of 

I  en,  —  about  seven  per  cent  of  the  electorate. 
In    sevr:  •  .MS    the    number    of   signatures 

required  for  the  nun.irivc  on  ordinary  legislation 
is  the  same  as  that  fixed  for  the  facultative  r< 
im.    A  larger  number  of  signatures  is  required 
the  constitutional  initiative  by  some  cantons. 
Thus    Bern    requires    12,000    signatures    for    an 
r  proposing  an  ordinary  law  and  15,000 
for  a  constitutional  initiative;    Zug  requires  800 
signatures  for  an  ordinary  initiative  and  1000  for 
a  constitutional  initiative.     In  other  cases,  how- 
ever, —  as,  for  example,  Luzern,  Schwyz,  Urban 
Basel,  Rural  Basel,  Aargau,  and  Geneva,  —  the 
same  number  suffices  for  both  kinds  of  initiatives. 
All  cantons  now  have  the  initiative  for  ordinary 
legislation    except    Freiburg,    and    even    in    that 
canton  6000  voters  may  bring   the  question  of 
a  constitutional  revision  before  the  electorate. 
Constitutional   amendments  may  be  proposed 

by  the  cantonal  legislatures  as  well  as  by  initiative f 

petition.  Facilitated  by  these  two  methods,  the 
process  of  change  is  a  continuous  one.  All  but 
seven  of  the  cantons  possess  constitutions  of 
later  date  than  the  federal  revision  of  1874.* 

1  The  fundamental  law  of  Ticino  dates  from  1830,  that 
of  Geneva  from  1847,  of  Neuchatel  from  1858,  of  Zurich  and 
Thuriau  from  1869,  but  all  these  have  been  amended  re- 

[317] 


GOVERNMENT  OF  SWITZERLAND 

On  the  whole,  the  initiative  and  referendum 
seem  to  work  as  well  in  the  Swiss  cantons  as  in 
the  federation.  It  should  not  be  forgotten  that 
these  two  democratic  institutions  have  had 
a  much  longer  history  in  some  of  the  former  than 
in  the  latter.1  Indeed,  it  was  the  popularity 
<>f  tin  initiative  and  referendum  in  the  cantons 
that  led  to  their  adoption  by  the  federation. 
And  this  popularity  continues;  vigorous  and 
frequent  use  of  both  these  agencies  of  direct 
popular  government  is  the  rule  in  cantonal 
affairs.  Thus  in  the  fifteen  years  from  1893  to 
1908,  the  initiative  was  invoked  eleven  times, 

peatedly  in  important  particulars.  Here  again,  however, 
Freiburg  is  an  exception;  its  constitution,  dating  from  1857, 
remains  virtually  unchanged.  Of  later  date  than  the  fore- 
going are  the  constitutions  of  Bern,  1893;  Luzern,  1875;  Uri, 
1888;  Schwyz,  1876  (revised,  1898);  Upper  Unterwalden, 
1902;  Lower  Unterwalden,  1877;  Glarus,  1887;  Zug,  1894; 
Solothurn,  1887  (revised,  1895);  Urban  Basel,  1889;  Rural 
Basel,  1892;  Schaffhausen,  1876;  Appenzell  Exterior,  1908; 
Appenzell  Interior,  1872;  St.  Gallen,  1890;  Graubunden, 
1892;  Aargau,  1885;  Vaud,  1885;  and  Valais,  1907. 

1  In  the  imperfect  form  of  the  "veto,"  the  referendum 
was  introduced  by  six  cantons  between  1831  and  1852,  all 
of  which  subsequently  accepted  the  more  effective  modt-rn 
form  of  this  institution.  Prior  to  the  adoption  of  the  federal 
constitution  of  1874,  seven  other  cantons  established  the  true 
legislative  referendum  in  either  obligatory  or  optional  form. 
The  initiative  for  ordinary  laws  was  somewhat  later  of  devel- 
opment. However,  six  cantons  introduced  it  between  1845 
and  1874.  For  lists  with  dates  see  Lowell,  "Governments 
and  Parties,"  II,  pp.  251,  281;  Stiissi,  "Referendum  und 
Initiative  in  den  Schweizerkantonen,"  pp.  66-68. 

[318] 


IE  CANTONS  \NIZATION 

and   the  obligatory  un   brought   rig1 

one  measures  be  people  of  the  canto 

li.     Of  course  in  the  less  populous  cantons 

h  have  a  smaller  legislative  output  the  use 

of  these  two  democratic  devices  is  not  so  frc- 

•it.1     It  is  beyond  question,  however,  that  the 

i in r s.i five    and    referendum    have   come   to   stay 

in  tin   i. mton.il  as  NM  II  as  in  the  federal  sphere. 

The   prevailing   tendency   is   to   strengthen   and 

the  use  of  these  tools  of  direct  popular 

Within    recent    years    two    cantons    have 

substituted  the  obligatory  for  the  optional  re 

im.     There  is  a  widespread  conviction  among 

iss  that   Freiburg  is  reactionary,   largely 

because  of  the  failure  of  this  canton  to  introduce 

tfu  legislative-  min.itive  and  referendum.    Other 

ses  contribute  to  strengthen  this  view,  chiefly 

mely  ultramontane  character  of  the  poli- 

of   the   cam<m.     It    is,   perhaps,  something 

more   than    a   coincidence   that   the   only   Swiss 

state  which  does  not  possess  the  ordinary  iniri- 

re   and    referendum   does   possess   a    political 

machine  and   a  political  boss  somewhat  on  the 

c    order    as    the    worst-governed    American 

commonwealths.1 

In  each  Swiss  canton  the  executive  po\\ 
intrusted    to    a    board    or    commission    usually 

1  Sec  the  admirable  tablet  in   Lowell,   "Public  Opinion 
and  Popular  Government,"  pp.  311-365. 

.1   Bon  in  Switzerland"  in  the 
•v  of  Review*,"  41:   226  (1910). 

[319] 


GOVERNMENT  OF  SWITZERLAND 

of  five  or  seven  members,1  and  variously  known 
as  the  Administrative  Council  (Regitrungsrat), 
the  Small  Council  (Kleinrat),  or  the  Council 
of  State  (Conseil  d'fctat,  Consiglio  di  Stato). 
The  term  of  office  of  this  council  is  in  nearly 
every  case  the  same  as  that  of  the  legislative 
body.  In  all  except  two  cantons  the  executive 
commission  is  now  chosen  by  the  people.  Zug 
and  Ticino  employ  proportional  representation 
for  this  purpose.  Election  by  the  legislature 
was  formerly  universal,  but  at  present  (1917) 
this  method  remains  in  vogue  only  in  Freiburg 
and  Valais. 

At  the  head  of  each  administrative  council 
stand  a  president  (Landamman)  and  a  vice 
president  (Statthaltfr).  The  principal  duties  of 
the  council  are  to  execute  the  laws  and  resolutions 
passed  by  the  legislature  and  people;  to  main- 
tain order  and  security  within  the  state;  to 
supervise  and  report  upon  the  entire  adminis- 
tration of  the  state,  further  to  supervise  com- 
munal administration;  and  finally  to  draft  bills 
at  the  request  of  the  legislative  branch.  As  in 
the  case  of  the  Federal  Council,  the  executive 
council  of  a  canton  acts  as  a  board  upon  all 
matters  of  importance.  For  convenience  in 
handling  administrative  details  the  members 
are  assigned  to  separate  departments  bearing 
such  names  as  the  Department  of  Charity, 

1  In  Bern  and  Appcnzell  Interior  there  are  nine  members; 
in  Lower  Unterwalden,  eleven. 

[320] 


THE  CANTONS:  ORGANIZATION 

.ition,   Finance,   Police,  Sanitation,  Justice, 
Military    AfFa:  Ming,    the    I  Com- 

merce .::.,!   I  i.uio,  Iiuluttry  and  Agriculture,  and 
;lce.      The   relations    between   an   adminis- 
il    as   a   whole    and    its   legislative 
superior,  the  Grand  Council,  are  similar  to  those 
ig  between   the   Federal  Council   and   the 
Federal  Assembly.     Incidentally  it  may  be  noted 
that  members  of  the  cantonal  executives  attend 
sessions  of  the  legislative  body  and  are  subject 
to  interpellation   at   any  time   by   any   member 
of  the  latter. 

The  smaller  cantons  are  directly  administered 
as  a  single  unit  by  their  administrative  councils. 
Larger  cantons  are  divided  into  a  number  of 
districts  (Bfiirkf,  Amtsbairkt),  of  which,  for  ex- 
ample, there  are  eleven  in  the  canton  of  Zurich, 
subdivided  into  189  communes;  and  thirty  in 
the  canton  of  Bern,  subdivided  into  507  com- 
munes. In  each  of  these  districts  a  Rfgitrungs- 
staubaltfT  represents  the  interests  of  the  state  gov- 
ernment, giving  special  attention  to  the  supervision 
of  communal  administration,  the  investigation  of 
cs,  and  the  maintenance  of  order  by  means 
of  the  district  police  force.  He  is  assisted  by  a 
district  clerk,  who  in  several  cantons  keeps  the 
records  of  land  ownership  and  mortgages. 

A    curious    institution    known    as    the    recall   Th« 
(Abbfrujung)  still  survives  in  a  number  of  can- 
tonal   constitutions.    The    earlier    Swiss   theory 
of  a  total  constitutional  revision  seems  to  have 

[310 


GOVERNMENT  OF  SWITZERLAND 

been  that  it  amounted  to  a  complete  change  in 
the  course  of  the  ship  of  state,  and  hence  that 
an  entirely  new  set  of  officers  should  be  called 
to  the  helm.1  In  twelve  or  thirteen  cantons, 
therefore,  complete  revision  was  accomplished 
by  the  election  of  a  new  legislature,  occasionally 
also  of  a  new  executive  and  other  important 
office  holders.  As  in  the  case  of  the  federation, 
however,  the  greater  ease  of  partial  amendment 
has  made  total  amendment  and  the  recall  of  offi- 
cials in  connection  therewith  a  thing  of  the  past. 
In  eight  cantons,  however,  another  form  of  recall 
exists  which  may  be  employed  at  any  time  that  a 
sufficient  number  of  petitioners  request  it 2  and  a 
majority  at  the  ensuing  election  favors  it.  This 
form  of  the  recall  is  usually  applicable  to  the  legis- 
lative body  as  a  whole,  and  in  a  few  instances  to 
the  members  of  either  house  from  a  single  electoral 
district.  The  institution  is  of  considerable  antiq- 
uity,3 but  in  an  era  of  vigilant  public  opinion,  of 
the  initiative  and  referendum,  and  of  officials  di- 
rectly elected  for  short  terms  in  small  districts,  it 
seems  to  have  outlived  its  usefulness.  At  least 
there  is  no  record  of  its  employment  during  the 
present  political  generation.  Nor  does  it  seem  to 

1  Stiissi,  "Referendum  und  Initiative,"  p.  152. 

1  These  are  Bern,  12,000  signatures;  Luzern,  5000;  Solo- 
thurn,  4000;  Rural  Basel,  1500;  Schaffhausen,  1000;  Aargau, 
5000;  Thurgau,  5000;  and  Ticino,  11,000. 

*  See  article  by  Margaret  Schaffner,  "Recall  of  Officials  in 
Switzerland,"  "Yale  Review,"  18:206  (1909). 

[322] 


III!    CANTONS;  ORGANIZATION 

c  been  known  to  the  originators  of  the  rt 
idea  in  the  United  States.1 

mton  hat  its  own  judicial  system. 
There  are  numerous  local  differences,  but  the 
same  general  principles  are  observed  everywhere. 
The  court  hierarchy  is  composed  of  (i)  the  justice 
of  the  peace  (Fritdtnsiicbur,  Juge  di  Paix)  in 
each  commune;  (2)  the  district  court  (dmugt- 
riebt)\  and  (3)  the  superior  or  cantonal  court 
(Obfrgfricbt,  Kantofugfiicbt).  In  civil  cases  the 
amount  involved  determines  the  court  of  first 
.mcc,  and  every  case  may  be  appealed  at 
least  once.  The  justice  of  the  peace  is  com- 
ly  called  the  "mediator"  (/Vrmi/d>r),  for 
his  duty  to  settle  every  case  brought  before 
him  by  arbitration  if  possible.  If  not,  he  deals 
with  it  judicially  or  else  remands  it  to  the  proper 
court.  His  fees  are  the  same  in  either  case, 
so  that  he  has  no  motive  to  promote  litigation. 
Among  a  people  so  prone  to  going  to  law  as  the 
Swiss,1  the  work  of  the  mediator  is  of  high 
social  value.  In  a  large  proportion  of  cases  he  suc- 
ceeds in  reconciling  quarrelsome  married  couples, 
smoothing  over  village  rows  before  heads  are 
broken,  and  nipping  lawsuits  in  the  bud  before 
court  costs  and  lawyers'  fees  eat  up  the  property 

Of    the    I: 

1  RapparJ.  "  Initiative,  Referendum,  and  Recall  in  Switzer- 
land/' Ann  .,J  .  43:  119  (1912). 

Keller's  great  classic,  "Romeo  und  Julia 
auf  dcm  Doric,"  in  his  M  Leuce  TOO  Sdd  vyla." 

[323] 


GOVERNMENT  OF  SWITZERLAND 

The  district  court  consists  of  from  five  to  seven 
judges,  usually  elected  by  the  people  for  from 
one  to  eight  years,  —  three,  four,  and  six  year 
terms  being  most  common.  Seven  to  thirteen 
judges  sit  on  the  bench  of  the  superior  or  can- 
tonal court.  They  are  usually  chosen  by  the 
legislature.  A  division  of  the  latter  court  acts 
as  a  Court  of  Cassation;  that  is,  it  hears  cases 
on  appeal  and  if  it  finds  sufficient  grounds  re- 
mands them  for  retrial.  No  cantonal  court 
possesses  the  power  to  declare  an  act  of  the 
legislature  unconstitutional. 

Court*  In   industrial   districts  special  courts  of  corn- 

commerce  merce  (Handelsgericbte,   Tribunaux  de  Commerce) 
and  and  industrial  courts  (Gewerbegfrickte)  have  been 

established.1  The  former  are  composed  of  one 
or  two  judges  sitting  with  from  two  to  five 
merchants  of  expert  practical  knowledge.  On 
the  latter  sit  representative  employers  and 
workmen.  Both  of  these  specialized  courts  deal 
with  controversies  arising  in  their  particular 
fields  when  the  amount  involved  does  not  exceed 
a  certain  sum,  —  200  francs,  for  example.  Ap- 
peal from  their  decisions  may  be  taken  to  courts 
of  the  regular  hierarchy.  By  simplifying  and 
speeding  up  procedure  and  reducing  costs, 
these  courts  have  enormously  facilitated  and 
cheapened  justice  in  the  many  small  contro- 

1  Cf.  H.  L.  Sumner,  "Industrial  Courts  in  France,  Ger- 
many, and  Switzerland,"  U.  S.  Bureau  of  Labor  Bulletin, 
24:  273-464  (January,  1912). 

[324] 


THE  CANTONS:    ORGANIZATION 

vcrsics    arising   between   merchants  or   between 
employers  and  employees. 

ninal    cases  1    in    courts   sep 

from  those  which  deal   \MI!I    nvil  suits,  ex. 
that  on  appeal  some  criminal  cases  may  be  • 
ried  before  a  division  of  the  district  court  or  of  the 
superior   court    sitting   as    a   criminal    chamber. 
•y  offenders   go  before  a    police  magistrate. 
The  investigation  of  felonies  is  made  in  smaller 
ricts  by  a  court  president,  in  some  cantons  by 
Bf.irksstattbaltfr.     Questions  of  fact  in  ci 
1  cases  are  decided  by  juries,  which  number 
six  or  nine  members  oftener  than  twelve.     Jury- 
men  are  elected   by  the  people  in  the  manner 
already  described.1 

The  smallest  unit  of  local  government  in 
Switzerland  is  the  commune.  Constitutional 
provisions  and  legal  codes  regulating  communes 
differ  from  canton  to  canton,  but  there  is  suffi- 
.r  uniformity  of  organization  to  permit  descrip- 
tion in  general  terms.  Several  varieties  of  this 
smallest  self-governing  unit  are  recognized.  Thus 
there  are  the  ancient  burgher  communes  (Bur- 
gfrgtmtindtn,  communes  bourgeoises),  which  are 
primarily  economic  in  character  and  strictly 
limited  as  to  membership.  Many  of  these 
communes  possess  extensive  estates  in  forest, 
meadow,  and  tillable  land  or  other  properties, 
the  usufruct  of  which  is  apportioned  among 
the  burghers  or  devoted  to  the  relief  of  their 
»  See  Chapter  VI I. 

[325] 


GOVERNMENT  OF  SWITZERLAND 

orphans  and  dependants.  Then  there  are  the 
parishes  or  church  communes  (paroissfs,  Kirch- 
gtmcinden),  which  include  the  members  of  a 
given  religious  confession  who  pay  a  church 
tax  and  elect  certain  ecclesiastical  authorities. 
By  far  the  most  important  of  these  ultimate 
self-governing  units,  however,  are  the  politu.il 
or  resident  communes  (municipalites,  Eimvohnfr- 
gsmeinden),  which  were  first  established  under 
the  Helvetic  Republic  (1798-1802).  Unlike  the 
exclusive  burgher  and  church  communes,  these 
latter  include  all  persons  living  within  their 
boundaries  whether  local  citizens  or  not,  and 
indeed  whether  Swiss  or  foreigners.1  Only  those 
who  are  citizens  of  Switzerland  may  participate 
in  the  administration  of  the  political  communes, 
but  all  other  residents  must  contribute  to  their 
support  by  paying  taxes.  Although  limited 
as  to  territory,  political  communes  differ  widely 
in  population.  At  one  end  of  the  scale  are 
remote  mountain  hamlets  of  less  than  fifty  in- 

1  The  shifting  of  population  under  the  stress  of  modern 
industrial  forces  has  made  the  special  privileges  enjoyed  by 
burghers  seem  unjust  and  invidious.  As  a  result  burgher 
communes  have  been  merged  with  political  communes  in 
some  parts  of  the  country,  the  property  of  the  former  passing 
to  the  latter.  In  other  cases  the  property  of  the  burgher 
communes  has  been  divided  with  the  political  communes. 
Finally  there  are  cases  in  which  the  burgher  commune*  — 
sometimes  reduced  to  little  close  corporations  jealously 
clutching  all  their  ancient  special  privileges  —  continue  to 
exist  within  the  body  of  the  political  commune. 

[326] 


THE  CANTONS:    ORGANIZATION 

habitants;  at  the  other,  cities  of  the  largest  sae, 
up  to  and  incltiiliMH  /uncli  ssith  over  200,000 
people.  All  top  arc  3164  political 

communes  in  Switzerland. 

i  low  forms  of  organisms,  Swiss 
!  communes  are  capable  of  indefinite 
scission  without  loss  of  vitality.  Thus  when 
neighborhood  needs  demand  it  the  inhabitants  of 
a  given  valley  or  district  will  form  a  school 
commune  (Schul^fmfindf],  building  their  own 
schoolhouse,  taxing  themselves  for  its  support, 
and  supervising  its  conduct.  Local  or  quarter 

munes  of  this  sort  (Orts-odtr  V  \trttlsgemt\n- 
dtn)   are   also  formed   to  secure  a   better  local 

r    supply,    better    fire    protection,    and    the 
like.     At     the     same     time    these    subdivisions 
subject  to  their  larger  political  commune 
in  .ill  more  important  matters. 

On  the  other  hand,  political  communes  which 
are  too  small  to  provide  for  proper  facilities  in 
any  line  will  unite  for  that  one  purpose.  For 

.pit,    there    are    numerous    so-called    ZiVt/- 

gemtindt    formed    in    this    manner,    which    take 

rge   of  cemeteries    and    burials   within    their 

collective    territory,    electing    and    paying    the 

necessary  onV 

In  most  of  the  smaller  communes  the  principal 
organ  of  government  is  a  town  meeting,  in  which 
all  Swiss  citizens  permanently  domiciled  in  the 
commune  usually  have  the  right  to  vote.  Some 
cantons  impose  a  tax-paying  as  well  as  a  rest- 


GOVERNMENT  OF  SWITZERLAND 

dential  qualification.  The  town  meeting  deliber- 
ates upon  the  more  important  communal  affairs, 
passes  ordinances,  authorizes  all  larger  expendi- 
tures, fixes  the  tax  rate,  and  elects  the  communal 
officials.  In  cities  which  are  too  large  for  so 
democratic  a  form  of  government  a  city  council 
or  Sladirat,  sometimes  called  the  greater  city 
council  (Grossfr  Stadtrat)  to  distinguish  it  from 
the  smaller  administrative  council,  is  chosen 
by  popular  vote.  This  council  takes  definitive 
action  upon  matters  of  minor  importance,  and 
elaborates  projects  of  major  importance  for 
acceptance  or  rejection  by  local  referendum 
vote. 

The  The    principal    administrative    authority   of   a 

munai  commune  is  the  communal  council  (Gftrifindfrat), 
council  usually  of  from  five  to  nine  members,  although 
a  smaller  or  larger  number  may  be  chosen 
according  to  the  size  of  the  place.  There  is 
a  striking  similarity  between  this  body  and  the 
commission  of  one  of  our  American  commission- 
governed  cities.  The  communal  council  is  chosen 
either  by  town  meeting  or  direct  popular  election. 
The  presiding  officer  of  this  administrative  board 
is  usually  known  as  the  communal  president; 
in  cities  as  the  city  president.  There  is  also  a 
vice  president.  In  all  important  matters  the  com- 
munal council  acts  as  a  body,  so  that  the  city 
president  does  not  stand  out  as  an  independent 
authority  like  our  American  mayor.  In  large 
cities,  however,  the  members  of  the  administra- 

[328] 


THE  CANTONS:    ORGANIZATION 


livult    their  work,  each  undertaking 

vlepartmcnt,  as,  for  example, 

tin-    department    of    schools,    police,    buildings, 

Sometimes  a  commission  is  chosen 

kfl    the    direction    of   one    of    these 

Of  the  subordinate  communal  officials  some  are 

elected  by  the  town  meeting,  while  others  are 

appointed  by  the  administrative  council.     Their 

number   v.iries,  of  course,  with   the  size  of  the 

Prominent  among  these  officials  are  the 

communal  clerk,  the  treasurer,   and  the  justice 

of  the  peace  or  mediator. 

The  communes  of  Switzerland  not  only  per- 

i  the  ordinary  functions  of  villages  and  cities 

in  the  I'nitcd  States,  but  have  also  entered  upon 

a  number  of  undertakings  more  commonly  in- 

ed  by  us  to  county  and  even  state  govern- 

ts.     Thus  the  larger  and   richer  communes 

hospitals;      asylums    for    the    blind, 

1    ilumb;    and  other  charitable   institu- 

tions.    In   these  works   of  mercy   they   receive 

generous    support    from     private    persons    and 

mthrnpic      associations.     Municipal      play- 

grounds   and    baths,    municipal    museums,    0 

lections,  and  theaters  are  found  in  all  the  more 

>f  the  country.     Excellent  school 

I   and   equipment   are   the   rule.     Many 

communes  have  adopted  the  policy  of  municipal 

ownership  and  operation  of  waterworks,   street 

railways,    and   gas    and    electric-lighting   plants. 


GOVERNMENT  OF  SWITZERLAND 

With  the  can  f'ul  management  characteristic  of 
the  Swiss,  this  policy  has  proved  both  successful 
and  popular  as  a  general  rule.  One  of  the 
cts  of  the  remarkable  efficiency  shown  by 
Swiss  communes  in  nearly  all  their  manifold 
undertakings  is  the  extraordinary  facility  with 
which  they  subdivide  and  unite  for  specific  ends. 
In  the  simplicity  and  democracy  of  their  organi- 
zation as  well  as  in  the  resourcefulness  and  econ- 
omy with  which  their  functions  are  performed 
they  take  high  rank  among  the  best-governed 
municipalities  of  the  world. 

SELECTED  BIBLIOGRAPHY 

ADAMS,  F.  O.,  and  CUNNINGHAM,  C.  D.  "The  Swiss  Fed- 
eration," Ch.  VIII  (The  Communes);  Ch.  IX  (The 
Cantons);  Ch.  X  (Cantonal  Tribunals). 

LLOYD,  H.  D.  "A  Sovereign  People,"  Ch.  Ill  (The  Com- 
mune); Ch.  XI  (Municipal  Ownership). 

LOWELL,  A.  L.  "Governments  and  Parties  in  Continental 
Europe,"  Vol.  II,  pp.  220  ff.;  "  Public  Opinion  and  Popu- 
lar Government,"  Chs.  XII  to  XV  inclusive,  also  Appen- 
dix A  (Results  of  the  Referendum  and  Initiative  in 
Switzerland). 

MOSES,  B.  "The  Federal  Government  of  Switzerland," 
Ch.  VIII  (Internal  Relations). 

VINCENT,  J.  M.  "Government  in  Switzerland,"  Part  I 
(Cantonal  Government). 


[330] 


CHAPTER  XV 
IHE   CANTONS:  FUNCTIONS 

S\\  ISS  cantons  "exercise  all  the  rights  which 
are    not    delegated   to   the  federal  govern- 
ment." l    A  large    number  of  important    func- 
tions fall  within  this  sphere  of  residuary  powers, 
tons  legislate  on  poor  relief  and  supervise 
the  execution  of  such  laws  by  the  communes, 
\\   assisting   the   latter   by   subsidies.     Many 
cantons   have   added   extensively   on   their  own 
account  to  federal  regulations  designed  to  promote 
thr  public  welfare.     Thus  several  of  them  have 
gone  much  farther  than  the  central  government 
in  fixing  standards  for  the  protection  of  working 
women.     Laws  providing  for  the  observance  of 
Jays  fall  within  the  competence  of  the  can- 
The  latter  also  have  the  power  to  license 
drinking  places,  and  in  this  and  other  ways  they 
uvor  to  combat  alcoholism.     In  cooperation 
•  the  federation  the  cantons  issue  regulations 
designed  to  safeguard  the  public  health.     They 
see  to  it  that  the  pure-food  laws  are  observed 
and  take  necessary  precautions  against  the  spread 
of    contagious    disease.     Also    they    build    and 
itain    h  insane    asylums,    and    sani- 

mt. 

1  Federal  conttitution,  A: 

[331] 


GOVERNMENT  OF  SWITZERLAND 

In  a  country  where  agriculture  bulks  so  large 
as  in  Switzerland,  the  effort  of  the  canton 
promote  this  great  economic  interest  is  of  prime 
importance.  By  legislation,  and  sometimes  by 
subsidies,  they  have  done  much  to  improve  the 
lot  of  the  farmer.  The  cantons  make  contri- 
butions toward  projects  for  the  improvement 
of  the  soil,  the  draining  of  swamps,  the  con- 
struction of  roads,  cattle  insurance,  insurance 
against  hailstorms,  cattle  prizes,  and  the  like. 
A  number  of  cantons  maintain  agricultural 
schools  which  are  noted  for  their  practical  and 
highly  efficient  courses  of  instruction.  They 
also  arrange  for  "state  fairs"  not  unlike  those 
held  in  some  of  our  own  agricultural  common- 
wealths. 

induitry  Much  is  also  undertaken  by  the  cantons  for 
the  promotion  of  industry  and  commerce.  The 
industrial  schools,  industrial  continuation  schools, 
and  industrial  museums  maintained  by  some  of 
them  are  justly  famous  at  home  and  abroad. 
Several  cantons  have  passed  laws  against  unfair 
competition,  although  much  remains  to  be  done 
to  check  certain  abuses  resulting  from  economic 
freedom.  The  cantons  have  also  contributed 
greatly  to  the  development  of  commerce  and 
industry  by  the  construction  of  splendid  high- 
ways, the  building  and  subsidizing  of  railroads, 
and  the  chartering  of  banks. 

A  large  part  of  the  administration  of  justice  is 
in    the    hands    of   the    cantons.     Enactment    of 

[332] 


THE  CANTONS:    FUNCTIONS 

uniform  federal  codes  has  reduced   their  impor- 

-   in   this  field,  but  cantonal   laws  still   hold 

food    in    penal    matters,    and    the   cantons    still 

provide  for  the  organization  of  their  courts  and 

choice  of  judges.     Cantonal    police   protect 

and  property  and  maintain  the  public  peace. 

il  and  correctional  institutions,  many  of  \s 

are  renowned  for  their  humane  and   progressive 

lugcmcnt,  are  also  maintained  by  the  cantons. 

In  the  field  of  local  government,  as  we  have 

.idy  noted,  the  cantons  are  supreme.     They 

t  codes  for  the  regulation  of  the  communes 

and  supervise  the  administration  of  the  latter. 

The    whole    common-school     system     of    the 

country   is    administered    or   supervised    by   the 

cantons,    subject    to   certain    general    rules    laid 

down   in   the  federal  constitution.     In    1848  the 

educational   power  granted   to  the  central 

government  was  that  of  establishing  a  university 

and  a  polytechnic  school.1     Advantage  was  taken 

of  this   provision   to  create  the  famous   Federal 

•mical  University  in  Zurich,  but  the  project 

of  a  national  university  has  not  yet  been  realized. 

vever,  the  interests  of  higher  education  are  far 

i  being  neglected  in  Switzerland,  for  the  can  tons 

ofr!  country  now  maintain  no  fewer  than 

•even  universities,  located  at  Basel,  Zurich,  Bern, 

Geneva,  Lausanne,  Freiburg,  and  Neuchatel. 

In   1874,  a  great  step  forward  was  taken  by 

Constitution  of  1848;   An.  27  in  present  con- 
stitution. 

[333] 


GOVERNMENT  OF  SWITZERLAND 

adding  to  the  constitution  a  number  of  clauses 
extending  the  power  of  the  federation  in  the 
field  of  education.1  The  cantons  were  to  continue 
providing  for  primary  instruction,  but  they  were 
to  see  to  it  that  it  was  sufficient  in  amount; 
that  it  be  placed  exclusively  under  secular  author- 
ity; that  it  be  made  compulsory,  free,  and  of 
such  a  character  that  the  public  schools  might 
"be  frequented  by  the  adherents  of  all  religious 
confessions,  without  any  offense  to  their  freedom 
of  conscience  or  belief."  There  was  a  distinctly 
minatory  note  in  the  concluding  clause  of  this 
article,  to  the  effect  that  "the  federation  shall 
take  the  necessary  measures  against  such  cantons 
as  do  not  fulfill  these  duties." 

The  establishment  of  federal  control  in  this 
field  proved  more  difficult  than  was  anticipated, 
however.  In  1882,  a  law  was  passed  under  the 
article  just  referred  to,  providing  for  the  creation 
of  the  office  of  secretary  of  education.  Imme- 
diately the  friends  of  local  autonomy  in  education 
invoked  the  referendum,  and  with  the  support 
of  the  religious  prejudices  of  the  Catholic  cantons 
this  law  was  overwhelmingly  voted  down,  Novem- 
ber 26,  1882.  Realizing  that  persuasion  is  better 
than  force,  the  advocates  of  federal  supervision 
finally  succeeded  in  securing  an  amendment  to 
the  constitution  in  1902,*  which,  while  expressly 

1  Art.  27,  clauses  2,  3,  and  4  of  present  constitution. 
1  Art.  27  ii,  adopted  by  referendum  vote  on  November 
26  of  that  year. 

[334] 


Till    CANTONS:    FUNCTIONS 

il»..-  'organization 

1    supervision    of  the    pmiury    schools    shall 

•he  competence  of  the  canton 
I  further  that  subventions  shall  be  gran 

.iul    them   to  fulfill 
.ties  ni   r  i  of  primary  insti 

.linage  of  this  new  power,  a  law  of 
•  ;,'•  authorizes  a  federal  school  sub- 
sidy amounting  to  60  centimes  per  capita  of  the 
population,  wlmh  may  be  increased  to  80  cen- 
times in  eight  mountain  cantons,  owing  to  tin- 
spcv  'ilncs  due  to  their  situation.  The 

Lw    expressly    provides    that    cantonal    appro- 
<>  for  educational  purposes  are  not  to  be 
diminished  because  of  the  receipt  of  the  federal 
tubs 

of  this  development  of  federal  power, 
the  measure  of  autonomy  in  school  affairs  which 
remains  to  the  cantons  is  very  extensive.  No 
doubt  this  results  in  comparatively  low  standards 
in  cerum  p.irts  of  the  country,  but  it  pern 
thr  adaptation  of  methods  to  local  conditions 
rywhere.  Nor  is  there  anything  to  prevent 
the  more  progressive  cantons  from  establishing 
higher  requ  than  those  of  the  central 

government.     Thus,  while  the  federal  law  fixes 
twelve   as    the    limit   of   primary-school    age,    it 
been   raised   to   fourteen,   fifteen,   and   even 
yean    in    some    cantons.    Taking    the 
country  as  a  whole,  educational   standards  are 
1  A  709. 

[335] 


GOVERNMENT  OF  SWITZERLAND 

generally  excellent.  In  1910,  only  one  in  a 
thousand  of  the  young  men  who  presented  them- 
selves for  military  training  could  not  read, 
and  only  three  in  a  thousand  could  not  write. 
During  the  year  following,  the  total  expenditure 
on  instruction  amounted  to  eighty-six  million 
francs,  of  which  slightly  more  than  half  (51.6 
per  cent)  was  raised  by  the  communes,  the  rest 
being  raised  by  the  cantons. 

Swiss  education  excels  in  two  particulars: 
its  universality  and  its  highly  practical  character. 
As  to  the  first,  the  people  thoroughly  understand 
that  a  form  of  government  so  democratic  as  their 
own  will  work  only  upon  condition  that  there  is 
the  widest  possible  diffusion  of  education.  For 
the  same  reason  they  give  particular  attention 
to  instruction  in  civics,  Swiss  manuals  on  this 
subject  being  marvels  of  clarity  and  complete- 
ness. As  to  the  second  point,  the  Swiss  have 
Voc«-  always  been  noted  as  an  eminently  practical 
H^^  people,  and  it  is  not  strange  therefore  to  find 
that  there  is  hardly  a  trade  or  vocation  in  life 
for  which  excellent  preparation  is  not  offered 
in  common  or  special  schools.  For  example, 
there  are  schools  in  silk  weaving,  wood  and  iron 
working,  watch  and  clock  making,  embroidery, 
and  household  management.  In  addition  there 
are  the  numerous  agricultural  schools  referred 
to  above,  with  specialized  courses  such  as  fruit 
growing,  vegetable  gardening,  bee  culture,  etc.; 
a  number  of  commercial  schools,  mercantile 

[336] 


I  HE  CANTONS:    FUNCTIONS 

secondary  schools,  and  commercial  high  schools; 
and    finally    the    administration    schools    wl 
prepare  young  men  and  women  for  the  federal 
poet,  telegraph,  telephone,  and  customs  services. 

The  direct  military  powers  of  the  cantons, 
once  quite  considerable,  have  been  greatly 
reduced  by  the  progress  of  ccnti  m  this 

field.  Nevertheless,  excellent  preparation  for 
army  service  is  afforded  by  the  thorough  gym- 
nast mg  given  in  the  common  schools. 
i- ful  attention  is  devoted  to  school  hygiene, 
nuluding  periodical  medical  inspection,  provision 
of  baths  for  pupils,  supervised  sports  and  hikes 
through  the  most  beautiful  parts  of  the  country, 
vacation  colonies,  milk  cures,  and  school  lunches. 
"Our  people,"  says  M.  Seippel,  "have  always 
understood  that  in  elevating  their  children  they 
were  elevating  themselves."  Pedagogically  the 
Swiss  remain  worthy  of  having  produced  a 
Pestalozzi,  a  Rousseau,  and  a  Pere  Girard. 

Students  familiar  with  American  state  govern- 
ment should  have  no  difficulty  in  understanding 
the  functions  thus  far  described  of  Swiss  cantonal 
governments.  It  will  not  be  so  easy  for  them, 
however,  to  comprehend  the  religious  powers 
exercised  by  the  latter.  The  historical  back- 
grounds are  widely  different  in  the  two  cases. 
In  this  connection  it  is  particularly  well  worth 
remembering  that  Switzerland  is  the  only  Euro- 
pean country  which  fought  a  religious  war  — 
that  of  the  Sonderbund  —  during  the  nineteenth 

[337] 


GOVERNMENT  OF  SWITZERLAND 

century.  Out  of  that  war  there  came  the  present 
constitution,  the  general  provisions  of  which 
with  regard  to  religion  and  freedom  of  conscience 
have  already  been  presented.1  Since  1848,  reli- 
gious bitterness  has  largely  disappeared  in 
Switzerland.  Nevertheless,  all  but  two  of  the 
tons  still  maintain  established  churches.  Nine 
cantons  support  the  Roman  Catholic  confession 
lusively;  fourteen  have  Evangelical  national 
churches.*  Of  the  latter,  one  supports  the 
Protestant  confession  only,  while  the  remaining 
thirteen  contribute  also  to  the  support  of  one 
or  more  of  the  Catholic  factions.  In  one  canton 
the  Jews  too  receive  state  aid.  Zurich,  Bern, 
and  Graubiinden  also  recognize  dissenting  groups, 
at  least  to  the  extent  of  permitting  them  to  use 
the  church  buildings  of  the  parent  denomination 
at  hours  other  than  those  reserved  for  orthodox 
services. 

The  ecclesiastical  law  of  each  canton  deter- 
mines the  local  relation  between  church  and 
state.  Control  by  the  latter  is  much  closer  in 
some  cantons  than  in  others.  The  internal 
government  of  the  established  churches  also 
varies  from  extreme  democracy  to  moderate 
aristocracy.  Frequently  the  congregation  elects 
the  pastor  and  other  church  officials,  and  it  is, 
in  general,  the  great  source  of  authority.  In 

1  Set  Chapter  III. 

*  Protestants  have  a  majority  of  the  population  in  twelve 
cantons,  Catholics  in  ten. 

[338] 


THE  CANTONS:    FUNCTIONS 

JjHichitcl,    on    the   other    hand,    the   synod   of 
rmtf***"   was   for   i   long   time    all    powerful 

mi  the  limits  set  by  the  federal 
however,  the  ecclesiastical  law  of  each 
may  be  amended  freely  by  its  legislate 
Ministers  axe  paid  by  the  state  out  of  taxes 
specially  levied  for  this  purpose.  The  members 
of  each  denomination  receiving  support  are  sub- 
ject to  such  taxes.  In  certain  Protestant  cantons, 
however,  persons  may  evade  payment  by  making 
a  declaration  that  they  have  given  up  church 
mem  be  rsh  i  p. 

For  a  long  time  there  has  been  a  considerable 
movement  among  the  Swiss  in  favor  of  dis- 
establishment. 1  hr  separation  of  church  and 
state  in  France  (1905)  added  impetus  to  this 
movement,  with  the  result  that  Geneva  and 
Urban  Basel  have  since  enacted  laws  disestab- 
lishing their  state  churches.  A  similar  proposi- 
tion was  voted  down  in  Neuchatel  in  1906. 

Owing  to  its  historic  fame  as  a  leader  in  the   Dt»- 
Reformation,  Geneva's  decision  on  this  issue  is  jjjjjj 
particularly  interesting.     As  a  result  of  French   t» 
immigration  the  majority  of  the  population  of 
that    canton    became    Catholic    in    1900.     This 
majority,  however,  was  split  into  factions,  part 
belonging    to    the    orthodox    Roman    Catholic 
confession  and  others  to  the  so-called  Old  I 
Iks,  a  nationalistic  sect  which  had  broken  away 
from  the  mother  church  early  in  the  seventies. 
At  first  the  Old  Catholics  enjoyed  considerable 

[339] 


GOVERNMENT  OF  SWITZERLAND 

success  and  were  given,  probably  not  without 
a  certain  anti-papal  malice  on  the  part  of  Genevan 
Protc  st.mts,  exclusive  use  of  the  church  of  Notre 
Dame.  Naturally  this  arrangement  was  dis- 
tasteful to  the  orthodox  Catholics,  who  as  they 
grew  in  power  became  stronger  in  advocacy  of 
disestablishment.  In  this  position  they  were 
supported  by  radicals  opposed  to  any  connection 
between  church  and  state,  and  by  not  a  few  Prot- 
estants who  believed  that  the  dignity  and  effec- 
tiveness of  the  church  would  be  enhanced  if  it 
gave  up  all  connection  with  the  government. 
With  the  combined  support  of  these  various 
elements  a  separation  law  was  passed  by  the 
cantonal  legislature,  and  on  June  30,  1907,  was 
ratified  by  referendum.  In  accordance  with  the 
terms  of  this  law  Geneva,  the  "Protestant 
Rome,"  dropped  from  her  budget,  beginning  Jan- 
uary I,  1909,  all  appropriations  for  religious  pur- 
poses excepting  pensions  paid  to  aged  ministers. 
Cantonal  In  order  to  carry  on  all  the  varied  functions 
recapitulated  above,  the  cantons  exercise  wide 
powers  of  taxation.  The  general  constitutional 
principles  operating  in  this  field,  particularly 
the  segregation  of  direct  taxes  for  the  use  of 
the  cantons,  have  been  discussed  elsewhere.1 
There  is  great  diversity  in  the  tax  systems  of 
the  various  cantons.  In  1900,  about  13  per 
cent  of  their  total  income  was  made  up  of  con- 
tributions from  the  federal  government;  30  per 

1  See  Chapter  VIII. 
[340] 


THE  CANTONS:    FUNCTIONS 

r   from  direct  taxes  on  land,   property,  and 
.1  from  poll  taxes;    12  per  cent  from 
inheritance  and  transfer  taxes;   about  5  per  « 

n  dues  for  franchises  granted  by  the  state; 
10  per  cent  from  monopolies  such  as  the  sale  of 
salt,  which  is  a  state  monopoly  in  all  cantons, 
and  from  state  enterprises  such  as  cantonal 
banks  and  mortgage-loan  banks;  13  per  > 

:i  productive  property  in  mountain  pastures, 
forests,  vineyards,  etc.;  and  the  reni  rom 

various    small    sources,    including    departmental 
income  and  fees.1 

In  a  large  majority  of  the  cantons  the  direct 
taxes  on  property  and   income   are  progress 
Most  of  them  tax  income  from  property  at  much 
higher   rates   than   earned    income.     Under   the 

imstances  it  is  perhaps  not  unnatural  that 
tax  dodging  is  alleged  to  be  by  no  means  uncom- 
mon in  Switzerland.  It  is  said  that  before 
taking  up  their  residence  in  certain  cantons, 
wealthy  persons  are  wont  to  arrive  at  an  under- 
standing with  local  tax  officials  regarding  the 
figure  at  which  they  are  to  be  assessed.  In 
nine  cantons  an  effort  is  made  to  combat  the 

of  tax  dodging  by  a  peculiar  device  known  as 
"  I  militarisation"  This  consists  in  the  seizure 
and  retention  of  the  property  of  a  deceased 
person  until  its  value  can  be  ascertained.  It  it 
is  discovered  that  false  returns  have  been  made, 
heavy  punitive  taxes  are  collected  from  the 

1  J.  Steigcr,  "  Finaruhauihaltrs  der  Kantonc,"  Pt.  I,  p.  33. 

[341] 


GOVERNMENT  OF  SWITZERLAND 

/*••»-  estate.  Inventarisation  is  effective,  but  it  is 
rather  hard  on  the  sorrowing  family,  particularly 
in  cases  where  there  has  been  no  tax  dodging. 
The  employment  of  this  process  is  also  said  to 
stimulate  the  giving  away  of  considerable  amounts 
of  property  by  persons  who  anticipate  death 
in  the  near  future. 

During  periods  of  unsettlement,  direct  taxes 
show  far  less  shrinkage  than  indirect  taxes. 
For  this  reason  cantonal  finances  have  not  been 
so  much  affected  by  the  war  as  the  finances  of  the 
federation.  It  must  be  remembered,  too,  that 
the  heavy  burden  of  mobilization  fell  almost 
entirely  upon  the  central  government.  Some 
cantons  have  even  shown  financial  gains  since 
the  war  began,  but  most  of  them  have  been  forced 
to  increase  rates  and  seek  new  sources.  Their 
situation  will  also  be  somewhat  relieved  by  the 
shares  to  be  paid  over  to  them  from  the  new 
federal  war  taxes.1 

c*nton*i  Swiss  cantons  still  possess  a  minimum  of 
po'w^re  power  in  the  making  of  certain  kinds  of  treaties 
with  foreign  countries.  Since  1848,  however, 
"all  separate  alliances  and  all  treaties  of  a  politi- 
cal character  between  the  cantons  are  forbidden" 
(Art.  7,  cl.  i).  This  provision  effectually  disposed 
of  the  danger  of  future  Sonderbunds,  or  separate 
leagues  within  the  federation.  But  a  later 
clause  of  the  same  constitutional  article  permits 
the  cantons  "to  make  conventions  among  them- 

*  See  Chapter  VIII. 
[342] 


THE  CANTONS:    FUNCTIONS 

•elves  upon  legislative,  administrative,  or  judicial 
subjects*  In  au  cases,  however,  they  shall 
bring  such  conventions  to  the  attention  of  the 
federal  officials,  who  are  authorised  to  prevent 
their  execution  if  they  contain  anything  contrary 
to  the  federation,  or  to  the  rights  of  other  can- 
tons. Should  such  not  be  the  case,  the  con- 
tracting cantons  have  the  right  to  call  upon  the 
federal  officials  for  their  cooperation  in  the 
mg  out  of  the  convention"  (Art.  7,  cl.  2). 

Under  this  provision  of  the  federal  constitution 
groups  of  cantons  have  repeatedly  been  formed 
to  secure  common  action  in  certain  fields.  Con- 
ventions or  agreements  of  this  character  are 
rd  "concordats."  It  is  the  custom  to  leave 
concordats  open,  so  that  cantons  which  do  not 
them  at  first  may  do  so  later.  Mention 
has  already  been  made  of  the  concordat  regu- 
l.i nng  the  use  of  automobiles  and  motor  cycles.1 
In  1894,  all  the  cantons  except  Glarus  came  to 
an  agreement  regarding  a  common  pharma- 
copeia. The  latest  illustration  of  this  kind  of 
joint  action  dates  from  1911,  when  fourteen 
cantons  united  in  a  guarantee  of  mutual  assist- 
ance in  the  execution  of  all  claims  falling  within 
Held  of  public  law,  especially  tax  claims.3 
Subsequently  eight  other  cantons  have  announced 
their  acceptance  of  this  measure. 

The  Swiss  method  of  the  concordat  solves  in 
an  easy,  legal,  and  perfectly  safe  way  the  prob- 

»  See  Chapter  DC  •  A.  S.  XXVIII,  6. 

[343] 


GOVERNMENT  OF  SWITZERLAND 

lem  of  securing  uniform  legislation  and  adminis- 
tration on  the  part  of  the  states  of  a  federal 
union.  In  tin  United  States  we  have  made  much 
less  progress  toward  its  solution,  although  our 
needs  in  this  line  are  incomparably  greater  owing 
to  the  very  large  sphere  of  legislative  powers 
reserved  to  the  states.  Our  failure  to  accomplish 
more  is  due  in  part  to  the  silence  of  the  federal 
constitution  on  this  subject,  as  a  result  of  which 
we  have  been  obliged  to  invent  extra-legal 
agencies,  such  as  the  so-called  "House  of  Govern- 
ors," in  order  to  promote  interstate  comity  and 
uniform  legislation.1 

citizen-  The  few  general  provisions  of  the  Swiss 
shlp  federal  constitution  on  citizenship  have  been 
presented  already.2  They  culminate  in  a  clause 
to  the  effect  that  "every  citizen  of  a  canton  is 
a  Swiss  citizen"  (Art.  43).  As  a  rule  cantonal 
constitutions  simply  pass  the  matter  one  step 
farther  on  by  providing  that  every  citizen  of 
a  commune  is  a  citizen  of  a  canton.  In  general, 
therefore,  the  naturalization  policy  of  Switzer- 
land is  left  to  the  independent,  not  to  say  arbi- 
trary, decision  of  the  innumerable  communes 
of  the  country.  There  is  only  one  restraint 
upon  their  action,  and  that  of  a  purely  negative 
character.  A  federal  law  requires  the  approval 
of  the  Federal  Council,  given  upon  the  advice 
of  its  Political  Department,  before  communal 

1  Cf.  Beard,  "American  Government  and  Politics,"  p.  406, 
note.  *  See  Chapter  III. 

[344] 


THE  CANTONS:    FUNCTIONS 

and  cantonal  citizenship  can  be  conferred  upon 
any  per- 
Now  although   the  communes  of  Switzerland 

.   be  admirably  constituted   for  the  perform- 
dilutions   of    local     government, 

v  are  most  emphatically  not  qualified  to  decide 
a  matter  so  innm.ttrlv  related  to  the  national 

rest  as  natut.ili/.mon.  This  is  particularly 
the  case  with  the  citizen  communes,  which  are 
preferred  in  the  exercise  of  this  function  wherever 
Usually  the  number  of  citizens  of 
such  communes  is  markedly  smaller  than  the 
number  of  local  residents.  Newcomers  who 
miijlit  become  a  burden  upon  the  poor  rate  are 
desired  as  citizens.  Moreover,  the  citizen 
communes  own  valuable  properties  in  the  All- 
minds  i  or  common  pastures,  forests,  etc.,  from 
h  they  derive  not  inconsiderable  revenues. 
Naturally  the  beneficiaries  place  every  possible 
obstacle  in  the  way  of  new  members.  Thus 
fees  are  charged  which  sometimes  run  into  the 
hundreds  of  francs.  Where  citizen  communes 
do  not  exist,  naturalization  is  in  the  hands  of  the 

•u.il  communes.  Having  no  direct  economic 
interest  at  stake,  the  latter  confer  citizenship 
miu-h  more  readily.  The  result  is  a  total  absence 
of  uniformity,  naturalization  being  relatively 
easy  and  cheap  in  one  place  while  in  another 
close  by  it  is  absurdly  difficult  and  costly. 

Prior  to  the  present  war  this  condition,  anom- 
alous   as    it   was,    caused    no   great    complaint. 

[345] 


GOVERNMENT  OF  SWITZERLAND 

eigners  generally  were  quite  satisfied  to  be 
recognized  merely  as  residents,  finding  that  this 
entitled  tin  in  to  a  full  measure  of  economic  and 
social  rights.  In  the  year  1910,  the  number  of 
cases  of  naturalization  occurring  in  Swit/uland 
amounted  to  only  eighteen  per  cent  of  the  for- 
eigners arriving  in  that  year,  and  to  only  seven 
tenths  of  one  per  cent  of  the  total  number  of 
foreigners  then  domiciled  in  the  country.  But 
with  the  outbreak  of  war  a  rush  began  to  obtain 
Swiss  citizenship  and  with  it  the  protection  of  a 
government  strongly  committed  to  a  policy  of 
neutrality.  Some  communes,  it  must  be  ad- 
mitted, were  not  superior  to  the  temptation  of 
coining  large  sums  of  money  out  of  the  situation. 
In  1915,  one  little  Bernese  town  admitted  263 
citizens  at  300  francs  each,  while  the  capital 
city  of  that  canton  admitted  only  fifteen.  Dur- 
ing the  same  year  the  number  of  persons  natural- 
ized in  Switzerland  as  a  whole  was  three  times 
as  great  as  the  average  for  years  preceding  the 
war.  It  will  be  recalled  that  many  foreigners 
resident  in  the  country  are  political  and  military 
refugees  whose  acceptance  as  citizens  might 
lead  to  international  unpleasantness.  All  in 
all,  there  is  urgent  demand  for  a  drastic  reform 
of  the  naturalization  process,  which  will  elimi- 
nate local  caprice,  abolish  the  mercenary  element, 
and  establish  uniform  standards  throughout  the 
whole  country. 

According  to  Lord  Bryce,  the  nearest  parallel 

[346] 


THE  CANTONS:    FUNCTIONS 

to  an  American  state  it  to  be  found  in  the  cantons 
of  .md.1  As  the  preceding  chapter 

showed,  however,  these  two  units  of  government 
differ  sharply  so  far  as  organ  ^  concerned. 

Nevertheless,  many  of  our  A  i  states  have 

modified  thnr  structure  considerably  by  intro- 

mg  the  initiative  and  referendum  in  more  or 
lets  conscious  imitation  of  Swiss  models.  On 
tin-  side  of  function,  \\irh  the  exception  of  church 
establishments,  Swiss  cantons  are  indeed  a  very 
dose  parallel  to  American  states.  Apart  from 
education  and  social  reform  we  of  the  United 
States  have  been  too  little  interested  in  Swiss 

tonal   experience.    The   Swiss,   on   the  other 

1,  have  observed  the  practice  of  our  states 
with  great  care  and  much  profit  to  themselves.* 
Thus  the  experiments  made  by  American  states 

uch  fields  as  penal  reform,  municipal  govern- 
ment, expropriation,  federal  guarantees,  electoral 
id  the  like,  have  been  reflected  in 
the  debates  of  many  Swiss  cantonal  legislatures. 

"American  Commonwealth,"  edition  of  1910,  Vol.  I, 
1  W   1  .  Rappard,  "Suine  ct  Etatt-UnU,"  pp.  10  et  stj. 


[347] 


GOVERNMENT  OF  SWITZERLAND 

SELECTED  BIBLIOGRAPHY 

DAWSON,  W.  H.  "Social  Switzerland,"  Part  II  (Indusrti.il 
Peace);  Part  IV  (Poor  Law  Agencies);  Part  V  (Tech- 
nical Education). 

FETTER,  F.  A.  "Witzwil,  a  Successful  Penal  Farm."  In 
the  "Survey,"  Vol.  25,  pp.  760-766  (February  4,  1911). 

SELLERS,  E.  "Poor  Relief  in  Switzerland."  In  "Con- 
temporary Review,"  Vol.  94,  pp.  459-476,  and  Vol.  95, 
pp.  349-364  (October,  1908,  and  March,  1909). 

SMITH,  A.  T  "Current  Educational  Movements  in  France 
and  Switzerland."  In  Report  of  U.  S.  Commissioner  of 
Education,  1913,  pp.  808-811. 

STORY,  A.  T.  "Swiss  Life  in  Town  and  Country,"  Ch.  V 
(Public  Education). 

TATE,  W.  K.  "Some  Suggestive  Features  of  the  Swiss 
School  System."  U.  S.  Bureau  of  Education,  Bulletin 
No.  56.  1913. 

VINCENT,  J.  M.  "Government  in  Switzerland,"  Ch.  X 
(Community  and  Citizenship). 


[348] 


CHAPTER  XVI 

PROPORTIONAL   REPRESENTATION 
IN     SWISS    CANTONS 

THE  inequities   arising  from  a   majority  or  MI  «t 
a  plurality  system  of  election  are  a  com-  ™ 
monplacc  of  political  observation.     Under  either 
system   the   results   arc   particularly   bad   when 
several  parties  contend  for  the  mastery  in  large 
districts  to  each  of  which   a  number  of  repre- 
sentatives are  apportioned.     If  the  districts  have 
been    artfully    gerrymandered,    conditions    may 
become  will m^h   intolerable. 

A  few  decades  ago  abuses  of  this  sort  were 

endemic  in  a  number  of  Swiss  cantons.     Thus 

in   Geneva   an   election    held   October   7,    1846, 

resulted  in  giving  the  Conservatives,  with  1342 

votes,  twenty-nine  seats  in  the  Grand  Com 

whereas  the  Radicals,  with  1409  votes,  obtained 

only    nineteen    seats!     On    this    occasion    the 

Radicals    resorted    to    violence.     Election    riots 

due  to  similar  causes  were  by  no  means  unknown 

thcr  cantons.     Particularly  was  this  the  case 

Ticino,  where  the  Conservatives  also  had  a 

strangle    hold    on    the    situation.     As    a    result 

cnce  occurred  there  in  1889,  on  a  scale  suffi- 

>    make   federal    intervention    necessary. 

Only  a  year  later  open  rebellion  broke  out,  and 

again  the  federal  government  had  to  intervene. 

[349] 


GOVERNMENT  OF  SWITZERLAND 

Pro-  Beginning   in   the   sixties   a  group   of  earnest 

ao**1  Swiss  reformers  advocated  proportional  repre- 
sentation sentation  as  a  means  of  avoiding  all  these  evils. 
rem*ed  Their  first  practical  success  was  in  Geneva, 
which  adopted  the  new  method  for  the  election 
of  its  legislature  in  1892.  The  electoral  diffi- 
culties in  Ticino  led  the  Federal  Council  itself 
to  suggest  to  the  warring  parties  of  that  canton 
that  they  try  proportional  representation  as  a 
remedy.  Accordingly  it  was  adopted  as  part  of 
the  constitutional  revision  of  1892.  At  once 
party  peace  was  restored,  nor  has  it  since  been 
broken.  Subsequently  proportional  representa- 
tion has  been  adopted  for  the  election  of  the 
legislature  in  eight  other  cantons,  or  ten  in  all.1 
Four  of  these  have  also  introduced  it  in  man- 
datory or  optional  form  for  communal  elections. 
Two  cantons  which  do  not  employ  it  in  legis- 
lative elections  (Freiburg  and  Valais)  provide 
for  it  in  communal  elections.  The  city  of  Bern 
went  over  to  proportional  representation  in  1899, 
and  was  followed  by  Biel  in  1908.  At  the  present 
time  it  is  employed  in  one  manner  or  another  by 
rather  more  than  half  the  population  of  Switzer- 
land. Efforts  to  introduce  it  into  elections  for 
the  National  Council  have  been  discussed  else- 
where.2 

1  Names  and  dates  as  follows:  Neuchatel  and  Zug,  1894; 
Solothurn,  1895;  Urban  Basel,  1905;  Schwyz,  1907;  Luzern, 
1909;  St.  Gall,  1911;  and  Zurich,  1916. 

«  See  Chapter  IV. 

[350] 


PROPORTIONAL  REPRESENTATION 

Generally   the  so-called   list   form  of  propor- 

1 1    representation   is   the   method   employed 

Switzerland.     All    forms    require    that    each 

election  district  shall  choose  a  number  of  rcprc- 

sentatives,  and  that  these  shall  be  divided  among 

th<-     parties     proportionately     to     their     voting 

strength.     It   t. -I  lows,  of  course,  that  the  larger 

the  number  of  representatives  to  be  elected  in 

any  one  district  the  better  the  chance  of  small 

parties    to   score    a    success.    Thus   with    three 

representatives  a  minority  party  must  cast  one 

1  of  the  total  vote  to  be  entitled  to  one  seat; 

with  six  to  elect  it  need  cast  only  one  sixth  of 

the  votes  to  secure  one  seat,   and   so  on.     It 

would  be  easy,  however,  to  carry  this  too  far, 

with  the  result  that  voters  might  be  compelled 

to  choose  between  four,  five,  or  more  long  lists 

of  candidates'  names  submitted  by  as  many  dif- 

parties. 

Many  minor  and  confusing  differences  of 
method  prevail  among  the  Swiss  cantons  as  to 
proportional  representation.  Perhaps  the  best 
way  to  illustrate  the  system  is  by  the  citation  of 
actual  figures.  The  following  are  taken  from 
an  election  held  in  the  Spalen  quarter  of  Urban 
Basel,  May  6  and  7,  1905,  to  choose  sixteen 
members  of  the  Grand  Council: l 

1  E.  Kloti,  "Texte  der  tchweberiacbeo  Vcfttkntmhl- 
Geaetae."  p.  90.  Urban  Bud,  it  will  be  recalled,  is  a  city 
Stan,  and  tic  Grand  Council  or  cantonal  legislature  is  iden- 
tical with  the  city  council. 

[350 


GOVERNMENT  OF  SWITZERLAND 


PROPORTIONAL  REPRESENTATION 

Although  referred  to  above  simply  as  Lifts  I, 

II,   III,   .mil  to  on,  each  such  list   represents  a 
political  party  the  name  *  actually  appears 

on  the  ballot  under  the  list  number.     In  Urban 
Bav  nations   may   be   made   by   any   ten 

quad hnl    (lectors.     No    candidate's    name    may 
appear  upon  more  than  one  ballot.     Each  voter 
may  cast  as  many  votes  as  there  are  representa- 
s  to  be  elected  in  his  district.     He  can  use 
one  of  the  official  printed  lists  or  tickets,  scratch- 
it  at  will,  or  he  can  fill  in  a  blank  list  to  suit 
himself.     In  order  that  personal  preference  may 
be   shown    among   the   candidates   of  a    party, 
the  vuti-r  may  cast  two  or  three  of  his  votes  for 
one  candidate.     If  a  voter  casts  too  many  votes, 
those  coming  last  on  his  list  and  which  are  in 
excess    of   the    legal    number    are    disregarded. 
ic  does  not  cast  the  full  number  permitted 
by   1  those  which   he  leaves  vacant  are 

rthelcss    counted    as    "list    votes,"    to    the 
.il   advantage  of  the  ticket. 
The  total  vote  for  each  list  and  for  the  two 
independent  candidates  noted  above  is  as  follows: 

List  I 

•  II 
III 
IV 

Sachcr  (Ind  ) 
Huber  (Ind.) 
Total 

To  ascertain  the   "election    numlx  total 


GOVERNMENT  OF  SWITZERLAND 

is  divided  by  the  number  of  seats  to  be  filled 
plus  one,  or  in  the  case  before  us,  by  seven- 
teen.1 The  result  (17,198  4-17)  is  exactly  101  iff, 
which  is  rounded  off  to  the  nearest  whole  number, 
or  1012. 

Next  the  total  voje  of  each  list  is  divided 
by  the  election  number,  as  follows: 

List    I  6318  +  1012  -  6 

List   II  4746  4-  1012  -  4 

UK  III  3209  +  1012  -  3 

List  IV  1593  +  1012  -  i 

Sachcr  1014  +  IOI2  =•  I 

Huber  318  -*•  1012  »  o 

Seats  in  the  Grand  Council  are  assigned  accord- 
ingly, six  to  List  I,  four  to  List  II,  and  so  on. 

Usually  this  procedure  disposes  of  all  the 
seats  and  thus  terminates  the  election.  Some- 
times, however,  one  or  more  seats  remain  unfilled 
after  the  division  of  the  total  vote  of  each  party 
by  the  election  number.  In  such  cases  the 
extra  seats  may  be  assigned  to  the  parties  with 
the  largest  total  vote,  or  with  the  largest  remain- 
der after  the  division  of  their  total  vote  by  the 
election  number.  So  far  we  have  disposed  of 
only  fifteen  seats  in  the  example  under  con- 
sideration, and  one  more  remains  to  be  assigned. 
According  to  the  law  of  Basel  this  is  accomplished 

1  By  this  method  there  is  a  greater  chance  of  filling  all  the 
•eats  at  the  first  division  and  also  of  avoiding  large  remainders, 
than  when  the  total  vote  is  divided  by  the  exact  number  of 
•eats  to  be  filled. 

[354] 


PROPORTIONAL  REPRESENTATION 


by  a  somewhat  involved  process,  which,  however, 
is  considered  to  approximate  very  closely  to  the 
ideal  of  exact  prop*  The  total  number  of 

votes  cast  for  each  list  is  divided  by  a  number 
equal  to  the  number  of  seats  already  assigned  it 
plus  one,  and  the  remaining  seat  is  assigned  to 
the  list  showing  the  largest  quotient.  Thus  in 
the  case  before  us: 


Numhci 

of     V..lr» 

Divwor 

Ouot.rnt 

Lml       

6tl8 

'JO'  i 

'! 
Ill 

LsxIV, 

Sachcr 

4746 
3209 
1593 
IOI4 

S 
4 

l 

1 

949* 
801* 
796| 

CQ7 

118 

i 

1l8 

Accordingly  the  one  extra  seat  is  assigned  to 
List  II,  and  the  election  shows  the  following  final 
result:  \.\^  I,  six  seats;  List  II,  five  seats;  List 
III,  three  seats;  List  IV,  one  seat;  and  Sacher, 
Independent,  chosen.  All  that  remains  to  be 
done  is  to  designate  as  elected  in  each  list  the 
candidates  with  the  highest  individual  votes, 
to  the  number  each  list  is  entitled  to.  The 
siK-ccs.sful  c.mJul.itrs  .trt-  nulu.itrJ  hy  brackets 
in  the  table  on  page  352. 

If  an  office  holder  elected  under  proportional 
representation  decides  later  to  resign  or  is  re- 
moved, the  vacancy  is  usually  filled  by  the  unsuc- 

[355] 


GOVERNMENT  OF  SWITZERLAND 

cessful  candidate  of  the  same  party  or  list  who 
polled  the  highest  individual  vote  at  the  latest 
election.  In  this  way  by-elections  are  obviated. 
The  underlying  assumption  is  that  party  strength 
remains  the  same  from  one  regular  election  to 
the  next,  which  may  or  may  not  be  the  case. 

Proportional  representation  is  usually  advo- 
cated  on  grounds  of  justice  and  fair  play.  It 
prevents  the  overpowering  of  small  parties  by 
unduly  swollen  and  sometimes  brutal  majorities. 
By  enabling  even  small  minority  groups  to  obtain 
representation  in  the  legislature,  it  gives  a  voice 
on  public  affairs  to  every  new  party,  reform  organ- 
ization, business  class,  or  social  group  which  can 
muster  any  considerable  strength.  Under  this 
election  system  new  and  progressive  points  of 
view  find  early  utterance  in  the  legislature,  and 
modify,  if  they  do  not  control,  the  conduct  of 
government.  The  bitterness  of  suppressed  mi- 
norities, as  well  as  any  excuse  for  violence  on  their 
part,  is  thus  removed. 

Advocates  of  the  older  system  of  election 
usually  admit  that  it  works  to  the  advantage 
of  the  stronger  party.  However,  they  some- 
times maintain  that  the  over-represented  major- 
ity may  be  trusted  to  give  sufficient  consideration 
to  the  interests  of  the  under-represented  minority. 
To  the  latter  argument,  Dr.  Emil  Kloti,  a  leading 
Socialist  authority  on  proportional  representation 
in  Switzerland,  replies  as  follows:  "The  minority 
pays  taxes  and  performs  military  service  just  the 

[356] 


PROPORTIONAL  REPRESENTATION 

same  as  members  of  the  majority,  and  therefore 
mnot  be  satisfied  with  representation  received 
as  alms  from  thr  fund  of  the  majority,  and,  at 
th.it,  only  when  it  pleases  the  latter  to  perform 
i  moral  deed.  It  [the  minority]  wishes  no 
alms  and  no  favors;  \sli.it  it  desires  is  the  oppor- 
tunity—  granted  as  a  correlate  of  its  civil  obli- 
gations—  to  cooperate  effect  i\rl\  in  the  choice 
of  representatives  of  the  people,  in  other  words 
the  right  to  its  own  representation  in  the  legis- 

.  c    body \s    in    matters    of   religion, 

so  also  in  matters  of  politics,  it  requires  a  quite 
considerable  conquest  over  self  on  the  part  of 
convinced  members  of  a  party  before  they  can 
attain  to  the  view  that  each  political  party  has 
a  justification  for  its  existence.  Proportional 
representation  has  this  principle  of  political 
toleration  as  its  foundation,  and  for  that  reason 
must  struggle  so  hard  to  make  its  way.  How 
many,  many  citizens  there  are  still  in  Switzer- 
land who  believe  that  Social  Democracy  has  no 
right  to  exist,  and  should  be  ignored  as  far  as 
possible  in  all  elections.  How  many  others 
there  are  also  who  hold  similar  intolerant  views 
against  the  Catholic  Conservatives.  .  .  .  From 
the  point  of  view  of  public  law  in  general,  pro- 
portional representation  indicates  a  noteworthy 
democratic  advance.  It  consists  not  in  the 
creation  of  a  new  institution,  but  in  the  improve- 
ment of  the  already  existing  system  of  popular 
representation,  and  —  in  our  democracies  —  of 

[357] 


GOVERNMENT,  OF  SWITZERLAND 

the  referendum  and  the  initiative,  so  that  these 
may  perform  better  than  formerly  the  tasks 
imposed  upon  them.  .  .  .  That  proportional 
representation  cannot  create  a  political  Eldorado 
is,  however,  obvious."  ' 

Arm-  Against  proportional  representation  the  argu- 

JJJJU,  ment  is  made  that  it  is  an  extremely  complicated 
and  artificial  system,  running  at  times  into  rather 
abstruse  mathematical  computations.  In  spite 
of  this  objection  election  bureaus  composed  of 
Swiss  peasants,  with  perhaps  some  help  from 
the  village  schoolmaster,  manage  to  solve  such 
problems  correctly.  The  list  system  as  used  in 
Switzerland,  it  is  further  alleged,  emphasizes 
party  lines.  Moreover,  if  all  parties  nominate 
tickets  in  which  the  number  of  candidates  is  only 
slightly  in  excess  of  the  number  they  may  reason- 
ably expect  to  elect,  the  choice  of  the  voters 
may  be  considerably  restricted.  Thus  in  the 
case  of  Basel,  cited  above,  even  with  two  inde- 
pendents running  the  people  had  to  select  sixteen 
out  of  a  total  of  only  twenty-five  candidates. 
On  the  other  hand,  if  each  of  a  number  of  parties 
nominates  a  full  ticket  the  ordinary  voter  will 
be  unable  to  choose  intelligently  from  the  long 
lists  of  names  presented  to  him. 

Advocates    of    the    present    election    system 
admit  that  it  usually  results  in  a  representation 
of  the  majority  in  excess  of  its  deserts.     Although 
somewhat    inequitable,    this    has    one    distinct 
1  "  Die  Proportionalwahl  in  dcr  Schweiz,"  p.  302. 

[358] 


PROPORTIONAL  REPRESENTATION 

advantage,  —  the  dominant  patrv  i*  placed  in 
a  position  to  carry  out  its  policies  without  too 
much  partisan  interference.  If  it  succeeds,  so 
much  the  better  for  the  state.  If  it  fails,  the 
minority  may  be  elevated  to  power  at  the  ensuing 
election.  In  either  event  the  situation  is  vastly 
better  than  the  chaos  of  indecision,  inefficiency, 
and  bargaining  which  would  result  with  the  legis- 
lature dissolved  into  a  large  number  of  petty 
parties  and  groups  by  proportional  representation. 
Another  favorite  argument  advanced  by  mem- 
bers of  the  dominant  Radical  party  in  Switzerland 
hat  proportional  representation  with  its  lists 
and  computations  dissolves  that  intimate  per- 
sonal relation  between  representative  and  voter 
which  exists,  or  is  assumed  to  exist,  under  a 
system  of  majority  or  plurality  election.  From 
this  party  angle  an  opponent  of  the  reform 
writes:  "In  place  of  an  individual  choice  among 
candidates,  there  is  a  decision  by  the  voter  for 
or  against  whole  groups  of  candidates.  The 
right  of  the  voter  to  make  certain  changes  in 
the  lists  is  of  no  great  importance,  since  the 
system  demands  fundamentally  that  the  voter 
shall  accept  entire  lists  without  change.  . 
This  proceeding  is  all  the  more  opposed  to  Liberal 
principles,  since  in  accordance  \\ith  its  nature 
proportional  representation  demands  the  largest 
possible  election  disttu  tv  Hence  the  number  of 
candidates  grows  greater  and  greater,  and  the 
electoral  activity  of  the  individual  is  reduced 

Ca»] 


GOVERNMENT  OF  SWITZERLAND 

merely  to  the  taking  of  a  position  in  favor  of 
a  given  list  or  party  tendency.  .  .  .  Such 
elections  en  masse  cannot  fail  to  exert  an  influence 
upon  the  sense  of  responsibility  of  the  electors 
as  well  as  the  elected.  .  .  .  From  a  unit  respon- 
sible for  his  individual  choice,  the  voter  becomes 
a  small  numerical  element  of  a  party.  The 
successful  candidate  becomes  a  member  of  a 
collective  group  of  representatives,  and  the 
danger  is  by  no  means  inconsiderable  that  his 
feeling  of  personal  responsibility  may  gradually 
be  transformed  into  a  more  or  less  definite  col- 

ve  responsibility."  ! 

Besides  these  general  arguments  for  or  against 
proportional  representation,  motives  of  partisan 
advantage  also  play  a  considerable  role.  The 
various  minority  parties  of  Switzerland  usually 
stand  to  win  many  new  seats  under  proportional 
representation  and  thus  favor  it  warmly.2  On 
the  other  hand,  the  dominant  Radical  party 
sees  its  majority  threatened  by  this  reform, 
and  therefore  opposes  it  energetically.  For 

1  "  Liberalismus  und  Verhaltniswahl,"  in  the  Neue  Zurcber 
Zfitung,  December  8,  1916. 

*  The  force  of  this  consideration  is  strikingly  shown  by 
the  election  for  the  cantonal  legislature  of  Zurich  in  1917, — 
the  first  to  be  held  under  the  system  of  proportional  repre- 
sentation. In  the  preceding  legislature  the  Socialist  groups 
had  only  46  seats  as  against  176  held  by  the  various  civil 
(anti-Socialist)  parties.  The  election  of  1917  increased  the 
number  of  Socialist  seats  to  86,  and  reduced  the  number  of 
anti-Socialist  scats  to  137. 

[360] 


PROPORTIONAL  REPRESENTATION 

immediate  political  effect  general  arguments 
and  partisan  considerations  are  combined  in 

»us  proportions  and  presented  with  maxi- 
mum emphasis  by  orators  and  in  the  press. 
Cases  in  point  are  furnished  by  the  following 

stations  of  appeals  made  to  the  voters  of 
immediately  prior  to  the  submission  of 
the  initiative  providing  for  proportional  repre- 
sentation in  that  canton: 

(Against  tbf  Initiative) 


Regarding  the  Vote  of  Proportional  Representation 

Fellow  Citizens!  We  recommend  that  on  next  Sun- 
day you  vote  against  the  initiative  providing  for  the 
introduction  of  proportional  representation. 


Now  as  heretofore  this  system  of  voting  appears  to 
us  to  be  artificial  and  difficult  to  understand.  It  is 
absolutely  opposed  to  the  essential  concept  of  elections 
as  held  by  our  -  unti- Socialistic)  voters,  because 

it  does  away  with  the  personal  relation  between  electors 
and  elected.  Also  it  dissolves  the  dose  relationship 
between  the  representative  and  the  district  from  which 
he  »  elected. 

From  the  innovation  only  the  extreme  parties  will 
derive  an  advantage,  above  all  the  Socialist  party.  Do 
you  wish  to  increase  the  influence  of  the  Socialist  advo- 
cates of  a  class  struggle  and  of  other  subversive  groups?! 

It  will  bring  disadvantage  to  the  civil  parties.  Once 
more  opposition  will  spring  up  between  them.  Tbt  good 
understanding  between  city  and  country  trill  sV  endangered. 

Fellow  Citizens!  Do  not  forget  that  the  initiative 
before  you  is  of  such  a  character  that  even  the  friends  of 
the  new  system  of  elections  who  belong  to  the  civil  par- 

fin  have  ohrctrd   to    it         I  hr    ptj.'tuT  .-f   s  ibst  it  '.jti.m   is 

[361] 


COM  KNMI 'NT   OF   SWITZERLAND 


retained,  resulting  in  an  unmoral  snaring  of  votes,  which 
fabi/Ut  every  election  return.  Our  administrative  dis- 
tricts are  too  large  for  electoral  purposes.  The  desires 
of  whole  jfctionj  of  such  districts  for  representation  in  tin- 
Cantonal  Council  are  put  in  doubt. 

It  is  not  a  question  of  electoral  justice,  —  that  is  a 
false  and  empty  campaign  cry.  It  is  a  struggle  for 
power  in  the  state.  Shall  it  be  transferred  more  and 
more  to  the  Socialists?  Are  not  forty-three  of  them  in 
the  Cantonal  Council  enough?  Or  shall  seventy  or  more 
of  them  be  sent  to  the  legislature  to  air  their  views?! 

To  state  this  question  is  to  answer  it.  We  do  not 
desire  to  weaken  the  influence  in  the  state  of  the  parties 
of  order,  of  men  who  believe  in  quiet  progress  and  well- 
directed  civic  effort,  of  the  thoroughly  rooted  sections  of 
our  citizenship,  —  namely,  the  agricultural,  industrial, 
and  mercantile  classes. 

AWAY    WITH     PROPORTIONAL    REPRESEN- 
TATION.   We  shall  vote  as  a  mass 

NO 

(Signal) 

Campaign  Committee  against  Proportional  Representation 
for  the  Cantonal  Council 


[360 


PROPORTIONAL  REPRESENTATION 
(for  ihf  Imitittm) 


this  method  of  elec- 
each  party  as  many 
in  the  Cantonal 
Council  as  it  is  entitled  to  in 
accordance  with  its  vote. 


Wt  thall  Vote  for 
Proportional  Repre 
sentation 


We  ahall  Vote  for 
Proportional  Repre- 
sentation 


We  ihaU  Vote  for 
Proportional  Repre- 
sentation 


it  makes  the  electoral 
campaign  a  struggle  over  prin- 

QDMBf    ulltt   ulftOOIinaCiOf    UH" 

dean  political  maneuvers  and 
attacks  on  personal  character. 

because  it  alone  brings  prog- 
ress and  opposes  reaction. 
It  places  the  power  of  the 
state  in  the  hands  of  the 


because  through  it  alone  the 
lesson  of  the  World  War  may 
be  made  to  bear  fruit  for  our 
canton.  Proportional  Repre- 
sentation alone  will  make 
possible  the  reform  of  the 
military  system  and  of  the 
finances  of  the  state. 


The  Initiative  Committee 


Upon  reference  to  the  people  of  Zurich  on 
December  10,  1916,  the  initiative  referred  to 
in  the  above  manifestoes  was  carried  by  a  vote 
of  48,601  to  41,906.  A  tremendous  impetus 

[363] 


GOVERNMENT  OF  SWITZERLAND 

was  given  to  the  movement  for  proportional 
representation  by  this  decisive  victory  in  the 
second  largest  canton  of  the  country.  The 
advocates  of  "Proporz,"  as  the  reform  is  famil- 
iarly called  by  the  Swiss,  now  look  forward 
confidently  to  its  success  at  no  distant  date  in 
a  number  of  other  cantons  and  in  the  federation. 
It  is  significant  that  no  canton  which  has  adopted 
proportional  representation  has  ever  returned 
to  the  old  system  of  voting. 

SELECTED  BIBLIOGRAPHY 

HOAG,  C.  C.  "Preferential  Voting  and  Proportional  Rep- 
resentation. U.  S.  Senate  Document,  359;  6jd  Congress, 
id  Session,  1914. 

VINCENT,  J.  M.  "Government  in  Switzerland,"  Ch.  IV 
(Proportional  Representation). 


[364] 


CHAPTER  XVII 

LANDSGBMEINDB  CANTONS:  PURE 
DEMOCRACY  IN  STATE  GOV- 
ERNMENT 

THE  most  picturesque  and  fascinating  politi- 
cal institutions  in  Switzerland,  perhaps 
in  the  world,  are  the  Landsgemeinden,  which 
exercise  supreme  legis|.m\<  p..\\u  in  two  whole 
cantons,  —  Uri  and  Glarus;  and  in  four  half 
cantons,  —  Upper  and  Lower  Unterwalden, 
Appenzell  Interior  and  Exterior.  Other  cantons 
have  subjected  their  representative  legislators 
to  a  very  considerable  degree  of  democratic 
control  by  means  of  the  initiative  and  referendum, 
but  in  these  six  the  people  themselves  meet  at 
least  once  a  year  to  carry  on  their  own  govern- 
ment. Our  nearest  approach  to  this  Swiss 
nit  ion  is  the  New  England  town  meeting, 
but  the  latter,  of  course,  deals  only  with  questions 
of  local  government,  whereas  the  Landsge- 
ide  cantons  are  as  fully  sovereign  as  any  of 
their  sister  commonwealths  under  the  federation. 
There  has  been  a  great  deal  of  controversy 
as  to  the  origin  of  the  Landsgemeinde.  At  the 
time  when  historic  records  begin  it  was  apparently 
an  outgrowth  of  the  Hofgfricbt*  or  feudal  manorial 
court.  As  the  name  indicates,  such  courts  were 
primarily  judicial  bodies.  Under  the  guidance 

[365] 


GOVERNMENT  OF  SWITZERLAND 

of  appointed  magistrates,  the  countrymen  of 
the  district  acted  as  juries  in  cases  coming  under 
the  customary  law  of  the  neighborhood.  In 
the  higher  Alpine  valleys,  remote  from  over- 
lords, it  is  not  difficult  to  conceive  how  the 
popular  elements  of  these  courts  might  contrive 
to  accumulate  political  powers  in  their  own  hands. 
The  Perpetual  League  of  1291,  for  example, 
shows  them  objecting  to  "any  judge  who  has 
obtained  his  office  for  a  price,"  and  to  "one  who 
is  not  a  native  or  resident  with  us."  During 
unsettled  times,  when  no  magistrate  appeared,  the 
Landsgemeinde  may  have  chosen  its  own  judge 
and  afterward  maintained  the  right  to  do  so. 
Similarly  with  the  legislative  powers  it  acquired. 

Besides  its  derivation  from  the  manorial 
court,  the  Landsgemeinde  is  also  indebted  to  the 
primitive  mark  system  in  accordance  with 
which  the  common  land,  meadows,  and  Alpine 
pastures  were  distributed  and  cultivated.  We 
have  already  noted  the  great  extension  of  pure 
democracy  in  the  government  of  the  local  com- 
munes of  Switzerland,  many  of  which  still  retain 
their  Attmend  or  common  property.  The  very 
name  "Landsgemeinde"  would  seem  to  indicate 
the  common  origin  of  the  two  institutions.  For 
while  the  Landsgemeinden  deal  with  part  sover- 
eign affairs,  they  are  essentially  "national  com- 
munes," or,  as  H.  D.  Lloyd  prefers  to  call  them, 
"state  communes." 

Many   writers   express   the   opinion   that   the 

[366] 


LANOSCEME1NDE  CANTONS 

Landsgemeinde  it  i  descendant  of  the  ancient 
Teutonic  folkmote  described  by  Tacitus.  The 
theory  is  a  fascinating  one,  but  it  must  be  remem- 
bered that  twelve  centuries  elapsed  between  the 
time  the  Roman  historian  wrote  his  classic 
description  and  the  first  recorded  Landsgemeinde, 
and  also  that  during  this  period  feudalism  swept 
over  Switzerland,  invading  even  the  most  inacces- 
sible of  its  Alpine  valleys. 

The  earliest  Landsgemeinde  in  which  rights 
of  self-government  were  exercised  was  held  in 
Uri  as  early  as  1233  or  1234.  Our  modern  inter- 
est in  the  institution  is  due,  however,  to  its 
exercise  of  legislative  powers.  In  the  latter  sense 
the  first  Landsgemeinde  was  that  of  the  men  of 
'.  v/  in  1294,  wno  enacted  a  very  important 
law  taxing  monasteries  in  the  valley  and  the 
goods  of  aliens,  is  well  as  prohibiting  the  sale  of 
1  estate  to  either.  It  is  worthy  of  note  that 
the  Landsgemeinde  is  older  than  the  state;  at 
least,  it  antedates  the  independence  of  the 
cantons  in  which  it  afterwards  became  the 
paramount  political  institution.  With  the  excep- 
tion of  the  period  of  the  Helvetic  Republic, 
when  they  were  suppressed  by  the  Frc. 
Landsgemeinden  have  had  an  uninterrupted 
existence  in  Uri  and  Unterwalden  from  1309 
on;  in  Glarus  since  1387;  and  in  Appenzell 
since  1403.  In  these  democratic  cantons  "an 
immemorial  freedom,  a  freedom  only  less  eternal 
than  the  rocks  that  guard  it,  puts  to  shame  the 

[367] 


GOVERNMENT  OF  SWITZERLAND 

boasted  antiquity  of  kingly  dynasties,  which,  by 
its  side,  seem  but  as  innovations  of  yesterday."  l 

At  one  time  in  the  seventeenth  century  there 
were  eleven  Landsgemeinden  in  Switzerland. 
Part  of  these,  however,  were  due  to  schisms 
caused  by  the  Reformation.  It  was  not  unusual 
for  the  Landsgemeinden  of  this  period  to  be 
marked  by  turbulence.  They  seem  also  to  have 
been  subject  to  a  considerable  amount  of  electoral 
corruption,  judging  from  the  number  and  severity 
of  the  laws  enacted  against  "das  Prakti-Lieren" 
as  this  evil  is  familiarly  called  in  Switzerland.2 

In  only  eight  cantons  did  the  Landsgemeinde 
survive  into  the  nineteenth  century.  One  of 
these  was  Schwyz,  the  population  of  which  grew 
too  large  and  boisterous  to  be  governed  suc- 
cessfully by  a  democratic  assembly.  After  the 
canton's  unsuccessful  experience  in  the  Sonder- 
bund  war,  it  established  a  legislature  in  1848. 
During  the  same  year  Zug,  the  Landsgemeinde 
of  which  had  possessed  but  a  shadow  of  sover- 
eignty since  the  period  of  the  French  intervention, 
went  over  to  the  representative  system.  Since 
1848  the  number  of  democratic  cantons  has 
remained  unchanged  at  six. 

In  each  Landsgemeinde  canton  there  is  at 
present  an  executive  commission  of  from  seven 
to  eleven  members,  similar  to  the  administrative 

1  E.  A.  Freeman,  "Growth  of  the  English  Constitution," 

P.  2. 

1  Deploige,  "  Referendum  in  Switzerland/'  p.  9  ei  seq. 

[368] 


LANDSGEMEINDE  CANTONS 

uil     of    the     representative    cantons. 
Landamman    or    president    of    these    cxecu 
commissions  has  much  gre.it  ice  and 

power  in  the  Landsgemeinde  cantons  than  the 
corresponding  oftuial  in  otlu-r  cantons.  Indeed, 
so  far  is  this  the  case  that  it  may  be  said  of  the 
most  demo*  .mtons  ot"  .Mt/rrland  that 

.  are  the  only  ones  which  approach  the 
prcsiilrnn.il  form  of  executive  organization.  Nor 
does  the  fundamental  democracy  of  these  cantons 
prevent  the  election  as  Landamman  of  men  of 
aristocr.t  il\, — not,  of  course,  in  t In- 

tense that  they  possess  or  favor  special  privilege, 
I uit  th.it  being  of  ancient  lineage,  of  substance 
and  education,  they  are  naturally  drafted  to 
make  the  sacrifice  of  serving  in  offices  which  are 
exacting  as  to  duties  and  anything  but  highly 
salaried.  In  this  way  each  generation  of  cert 
prominent  families  may  be  called  upon  to  con- 
mlniti-  an  iiuumbent  to  the  honorable  but 
burdensome  post  of  cantonal  chief  execut 
Although  the  Landamman  s  term  of  office  is  only 
one  year,  it  is  customary  for  the  Landsgemeinde 
to  reelect  him  as  long  as  he  will  consent  to  serve. 
There  are  a  number  of  cases  on  record  like  that 
of  Eduard  Blumer,  who  has  been  the  chief 
magistrate  of  Glarus  for  thirty  years.  The 
Landamman  is  not  only  the  governor,  but  in  a 
peculiar  tense  the  father  as  well,  of  his  little 
land.1 

'  H .  RyfFel,  "  Die  tcbwctJEfwcheo  LmdtMflKtodcn,"  p.  no. 

[369] 


GOVERNMENT  OF  SWITZERLAND 

Besides  the  small  executive  council,  each  of 
the  democratic  cantons  possesses  an  advisory 
body  variously  known  as  the  Landrat,  Kantonsraty 
or  Grosser  Rat.  In  spite  of  the  similarity  of 
names,  this  body  must  not  be  confused  with  the 
legislatures  of  the  cantons  which  have  representa- 
tive institutions.  These  advisory  councils  are 
usually  composed  of  the  executive  council,  to 
which  are  added  a  number  of  represent. n 
elected  in  communes  or  districts.  Although  they 
exercise  certain  minor  administrative  powers 
and  may  usually  issue  ordinances,  the  principal 
function  of  the  advisory  councils  is  to  pass  upon 
measures  presented  by  citizens  for  the  consid- 
eration of  the  Landsgemeinde.  Owing  to  the 
standing  of  their  members,  any  suggestions 
emanating  from  this  source  are  certain  to  exert 
a  considerable  influence  upon  the  popular  assem- 
bly. From  the  constitutional  point  of  view, 
however,  it  is  the  will  of  the  latter  which  enacts 
the  law  of  the  canton. 

As  defined  in  their  constitutions  the  powers  of 
the  Landsgemeinden  differ  from  canton  to 
canton.  In  general  they  include  revision  of  the 
constitution,  partial  or  total;  enactment  of 
ordinary  legislation;  taxation,  debt  issues,  aliena- 
tion of  public  property  and  franchise  grants; 
naturalization;  creation  of  new  offices  and 
fixing  salaries  thereof;  and  election  of  executive 
and  judicial  officers  of  the  canton.  While  most 
of  these  powers  are  legislative,  others  are  clearly 

[370] 


LANDSGEME1NDE  CANTONS 

adm  .11  character.     The  Landsgeni 

den  do  nut,  however,  act  in  a  judicial  capai 

In  t)u  l.i  nr  i-  respect  they  differ  from  their  alleged 

st«>r,    tin-   tnlkmotc  of  Tacitus,   which   con- 

ii  n. its  and  cowards  by  popular  vote. 

Meetings  of  the  Landsgemeindc  are  held  in  the 

opcr  i   a   meadow  near  the  chief 

tov  >n,  but  some1  its  principal 

public  square.     Two  of  them  adjourn  to  neighbor- 

,  hmvlu-s  in  case  of  rain,  but  the  others  cany 

on  their  proceedings,  often  at  much  discomfort, 

regardless  of  the  weather.    The  regular  day  of 

meeting  is  the  last  Sunday  in  April  or  the  first  in 

,.     If  business  is  not  completed  at  the  regular 

meeting,  or  if  unusual  circumstances  demand  it, 

a  supplementary  meeting  may  be  called  either 

by  resolution  of  the  Landsgemeinde  itself,  or  of 

the  advisory  council,  or  upon  demand  of  a  certain 

number  of  qualified  voters.1 

One  of  the  most  vivid  brief  descriptions  of  a 
Landsgemeinde   in    English   is   the   following   by 
Professor  George  L.  Burr  of  Cornell  Univers 
The   canton   referred   to   is  Appenzell   Exterior, 
\siuch  is  by  far  the  most  populous  of  the  demo- 

mtons. 

e  were  welcomed   at   the  home  of  Obcr- 
tcr  Sturzenegger,  and  given  a  window  wl 
looked   out   directly   upon   the  great   square   in 
uliich    the    twelve    thousand    odd    voters    were 

1  The  number  is  fixed  at  6$  qualified  voter*  in  Appenzell 
Exterior,  at  150  in  Uri,  and  at  1500  in  Glarus. 

[371] 


GOVERNMENT  OF  SWITZERLAND 

closely  packed.  All  came  'anstandig  gekleidet* 
-as  the  law  provides  —  in  solemn  black  and 
uith  the  swords  of  their  ancestors  at  their  sides. 
At  the  appointed  hour  of  eleven,  the  Landamman, 
the  six  other  members  of  the  Rcgierungsrat,  and 
the  Landweibd,  or  crier,  were  escorted  with 
great  ceremony  to  the  platform  which  stood  near 
one  end  of  the  square.  The  proceedings  were 
opened  by  a  moment  of  silent  prayer,  and  by  a 
national  anthem  which  was  sublimely  sung. 
Then  the  Landamman  delivered  an  address 
which,  judging  by  its  reception,  must  have  been 
eloquent,  though  at  our  distance  I  could  hear 
only  occasional  sentences.  Thereupon  the  assem- 
bly proceeded  to  its  first  order  of  business,  — 
the  auditing  of  the  year's  accounts.  The  question 
was  upon  their  acceptance  as  correct,  or  the 
appointment  of  an  auditing  committee,  and  they 
were  accepted  outright  by  an  enormous  majority. 
Never  have  I  seen  a  more  curious  sight  than  the 
coming  up  of  all  those  white  hands  out  of  that 
black  crowd. 

"Next  came  the  election  of  officers.  The 
question  was  first  put  always  upon  the  reelection 
of  the  present  incumbent;  and  in  every  case  the 
reelection  was  almost  unanimous,  —  a  fact  which 
is  perhaps  less  surprising  when  one  remembers 
that  the  highest  salary  paid  to  any  public  official 
in  Appenzell  is  two  hundred  francs  a  year,  — 
the  judges  of  its  Supreme  Court  get  six  francs  a 
day,  but  only  during  the  session.  As  Judge 

[372] 


LANDSGEMEINDE  CANTONS 

Sturzenegger  laughingly  said,  it  is  the  way  the 
canton    in.ni.im-s   t.»  lay  a  tax  on   brains,  - 
iy  man  elected  is  bound  to  accept  or  move 

Miuly  enough,  only  over  the  unimportant 
but  noisy  office  of  Landwcibfl  was  there  a  sharp 
contest.  As  the  chief  qu  >n  is  a  stentorian 

voice,  each  of  the  candidates  was  required  to 
recommend  himself  to  the  voters  in  a  short 
speech,  and  y<  think  of  nothing  more 

comical  than  this  competition,  for,  whether  the 
aspirant  piped  or  roared  at  the  outset,  he  always 
ended  in  a  squeak. 

"The  manner  of  taking  the  votes  is  singularly 
fair  to  minorities.  We  had  occasion  to  note  this, 
especially  in  the  filling  of  the  two  vacancies  in 
Rfgifrun^srat.  A  mass  of  nominations  were 
made,  and  taken  down  in  writing.  Then  the 
question  was  put  separately  on  the  name  of  each 
candidate.  From  these  the  two  who  had  received 
the  fewest  votes  were  now  eliminated,  and  the 
question  taken  on  each  of  the  remainder,  and  so 
on  until  only  two  were  left,  when  the  decision 
was,  of  course,  apparent,  though  more  than  once 
the  vote  had  to  be  taken  over  and  over  before 
the  Landamman  would  trust  his  eyes  to  declare 
it.  On  the  announcement  of  the  final  vote,  the 
petition  of  the  successful  candidate  in  the  crowd 
was  shown  by  the  thrusting  up  of  all  the  swords 
in  !•  and  the  band  sallied  forth  to 

escort    him    to    the    platform.     For    the    second 

[373] 


GOVERNMENT  OF  SWITZERLAND 

vacancy  the  question  was  then  put  au.mi,  ;is  be- 
fore, upon  all  the  candidates  but  the  elected  one. 

"After  the  elections  came  the  legislation. 
Only  three  bills  were  submitted.  The  first,  the 
repeal  of  a  practically  obsolete  law  for  the  guar- 
antee of  cattle,  met  with  no  opposition.  The 
second,  the  proposed  forcible  closing  of  tin- 
* Wirtscbafun*  at  twelve  at  night,  was  rejected 
by  a  considerable  majority.  The  third,  provid- 
ing that  even  resident  peddlers  should  pay  a 
license,  and  that  a  license  .  .  .  should  also  be 
required  of  the  keepers  of  'Wirtscbajtent  (a  bill, 
that  is,  to  abridge  the  right  of  every  citizen  to 
peddle  or  sell  wine  as  he  pleases),  was  in  both 
its  clauses  voted  down  overwhelmingly.  The 
defeat  of  these  measures  was  explained  to  us, 
and  I  think  justly,  as  proceeding  far  less  from 
any  opposition  to  the  ends  they  sought  than 
from  suspicion  and  impatience  at  their  encroach- 
ment upon  personal  liberty. 

"The  business  being  ended,  there  remained 
only  the  oath.  It  was  read  solemnly  by  the 
venerable  clerk,  and  taken  first  by  the  Landam- 
man.  Then,  with  bared  heads,  and  three  fingers 
lifted  high  in  air,  that  army  of  freemen  listened 
to  its  terrible  clauses  of  vow  and  imprecation, 
unchanged  from  the  Middle  Ages,  and  rumbled 
with  one  voice  its  repetition  of  them.  No  man 
dared  be  silent  in  that  throng.  Then  came 
another  anthem,  and  the  Landsgemeinde  was 
over.  It  had  lasted  three  hours. 

[374] 


LANDSGEMEINDE  CANTONS 

M  Never  have  I  seen  such  perfect  order,  such 

pert  t, —  not  even  in  a  body  a  tent) 

•be.     \i-.i  here  were  no  police,  not  so  much  as 

a    constable.     Once    or    twice,    after    the    most 

'cs,  a  slight  murmur  passed  through 

host,  hut  a  cry  or  two  of  'Quiet'  (Jtubigf),  as 

the  business  began  again,  brought  a  hush  as  of 

•h.     The  only   break   in   the  gravity  of  the 

proceedings  was  during  the  comical  scene  of  the 

Landu'fibfl    competition.     Did    you    ever    hear 

twelve   thousand   men   smil*  us   like   the 

ripple,  dash,  and  vanish  of  a  wind-blown  thunder 

Other   Landsgemeinden    are    accompanied    by 

rid    ceremonial.     Particularly    is  J 
the  case  in  canton  Uri,  where,  after  attending  IB  on 

ip,  a  procession  forms  in  the  market 
square  of  Altdorf  and  marches  to  the  place  of 
meeting  in  the  old  meadow  at  Botzlingen. 

their  heads  floats  the  banner,  the  bull's 

head  of  Uri,  the  ensign  \\hk-h  led  men  to  victory 

he  fields  of  Sempach  and  Morgarten.     And 

before  them  all,  on  the  shoulders  of  men  clad  in 

a  garb  of  ages  past,  are  borne  the  famous  horns, 

spoils  of  the  wild  bull  of  ancient  days,  the 

horns  whose  blast  struck  such  dread  into 

the  fearless  heart  of  Charles  of  Burgundy.    Then, 

\Mth  their  lictors  before  them,  come  the  magis- 

N  of  the  commonwealth  on  horseback,  the 

rom  •  letter  to  Andrew  D.  While,  published  in  the 
"Nation,"  Vol.  46,  p.  44*  (>**&). 

[375] 


GOVERNMENT  OF  SWITZERLAND 

chief  magistrate,  the  Landamman,  with  his 
sword  by  his  side.  The  people  follow  the  chiefs 
whom  they  have  chosen  to  the  place  of  meeting, 
a  circle  in  a  green  meadow,  with  a  pine  forest 
rising  above  their  heads  and  a  mighty  spur  of 
the  mountain  range  facing  them  on  the  other 
side  of  the  valley.  The  multitude  of  freemen 
take  their  seats  around  the  chief  ruler  of  the 
commonwealth,  whose  term  of  office  comes  that 
day  to  an  end.  The  Assembly  opens;  a  short 
space  is  first  given  to  prayer,  silent  prayer  offered 
up  by  each  man  in  the  temple  of  God's  own 
rearing.  Then  comes  the  business  of  the  day."  l 

There  is  a  strongly  marked  religious  spirit  in 
every  Landsgemeinde.  It  is  a  legislative  assem- 
bly, to  be  sure,  but  it  is  also  a  divine  service  in 
which  the  whole  people  participates.  The  im- 
pressive spiritual  and  educational  effect  of  such 
meetings  is  deeply  realized  not  only  by  qualified 
voters  but  also  by  the  younger  men,  women,  and 
children  of  the  canton,  who  stand  just  outside 
the  circle  in  which  the  Landsgemeinde  meets. 
By  virtue  of  a  beautiful  old  custom,  the  school- 
boys of  Glarus  are  especially  privileged  to  occupy 
a  place  immediately  surrounding  the  presiding 
officials  in  the  center  of  the  ring. 

While  the  Landsgemeinde  is  the  supreme 
legislative  authority  of  the  canton,  its  procedure 
must  be  in  accordance  with  certain  constitutional 
provisions.  Thus  in  two  cantons,  —  Glarus  and 
1  Freeman,  op.  cit.,  p.  3. 

[376] 


LANDSGEMEINDE  CANTONS 

Appcn/rll  Interior,  —  any  one  qualified  voter  can 

move  an  amendment  to  the  constitution,  but  in 

ntons  a  motion  to  this  effect  requires 

support  of  a  number  of  voters,  viz.,  in  Appen- 

Exterior  a  number  equal  to  the  membership 

•he  Cantonal  Couiuil,  i.e.,  K,    in  Uri,  50;    in 

•er  Unterwalden,  400;    and  in  Upper  Untcr- 

walden,   500.     Except   in   the   two   latter   these 

requirements  are  far  lower  than  those  provided 

for  the  constitutional  initiative  in  the  rcpresenta- 

cantons  of  Switzerland. 

In  all  the  democratic  cantons,  with  one  excep- 

,  a  single  voter  may  initiate  ordinary  legisla- 

Mnce  1876,  Appenzell  Exterior,  the  largest 

of   them,    has    required    65    signatures   for   this 

action  also. 

All  Landsgemeinde  cantons  except  Appenzell 
Inferior1  require  that  motions  must  be  submitted 
in  written  form,  accompanied  by  argument,  to 
the  advisory  council  a  fixed  time  before  the 
annual  meeting  of  the  people.  It  is  the  duty  of 
the  advisory  council  to  pass  upon  such  motions, 
and  to  recommend  their  acceptance,  amendment, 
or  rejection.  In  Glarus,  for  example,  if  ten 
members  of  the  Landrat  (about  one  seventh  of 
the  total  number  of  councilors)  favor  a  motion, 
it  must  be  reported  as  worthy  of  consideration, 
together  with  the  comment  of  the  council,  four 
weeks  in  advance  of  the  meeting  of  the  Lands- 

[377] 


GOVERNMENT  OF  SWITZERLAND 

gemeinde.  All  measures  which  fail  to  win  this 
measure  of  support  in  the  advisory  council  are 
reported  without  comment  as  unworthy  of 
consideration  under  a  special  rubric,  which  in 
the  expressive  slang  of  the  canton  is  called  the 
"Bfiwagen"  or  extra  coach.  Motions  reported 
favorably  by  the  advisory  council  become  law 
if  voted  by  a  majority  of  the  Landsgemeinde. 
By  a  special  resolution  a  motion  may  be  taken 
out  of  the  Bfiwagen  and  placed  upon  the  calendar 
for  consideration  a  year  later. 

In  Appenzell  Exterior  the  large  attendance  at 
the  Landsgemeinde  has  compelled  the  adoption 
of  an  amendment  to  the  constitution  prohibiting 
discussion  in  the  case  of  motions,  although  not 
in  the  case  of  elections.  As  a  consequence  the 
voter  is  obliged  to  make  up  his  mind  largely 
upon  the  basis  of  the  printed  memorial  containing 
the  opinion  on  proposed  legislation  of  the  ad- 
visory council.1  Only  in  Uri  and  Glarus  may 
amendments  and  additions  be  offered  "from  the 
ring";  that  is,  at  the  meeting  of  the  Landsge- 
meinde itself.  Motions  regulating  procedure, 
such  as  referring  a  bill  back  to  the  advisory 
council  for  further  report  or  postponing  a  vote 
on  it,  are  permissible  in  four  cantons. 

With  the  exception  of  Appenzell  Exterior  noted 
above,  all  the  democratic  cantons  hold  to  the 

1  A  similar  document  is  prepared  by  the  advisory  council 
of  Glarus.  In  the  other  five  cantons  no  such  "publicity 
pamphlet"  is  issued. 

[378] 


LANDSGEMEINDE  CANTONS 

old    freedom   of  debate   in    the   Landsgemeinde. 
In  I'M  the  law  requests  each  orator  to  be  as  brief 
as  possible,   and   allows  a  maximum  of  tw- 
in mutes.     Although  modem  Landsgemeinden  are 
cmcly  well   behaved  as  a  rule,  long-winded 
speakers  are  sometimes  interrupted   by  cries  of 
//irnrn//"    (Vote),   "Scbtuss  macbf!"   (Make 
<  nd),  or  "Es  iscb  jftt  gnug%  m*r  wind  Firabii" 
(That's  enough,  we  want  to  shut  up  shop). 

Originally  the  Landsgemeinden  were  assem- 
blages of  all  male  citizens  "in  Ebr  und  Wcbr"; 
that  is,  possessing  political  rights  and  military 
capacity.  There  was  a  time  when  fighting 
;ty  was  assumed  to  begin  with  the  fifteenth 
year  in  three  cantons,  and  with  the  seventeenth 
in  three  others.  Subsequently  tin  \»ting  age 
was  raised,  and  it  now  stands  at  the  completed 
twentieth  year  in  all  the  democratic  cantons 
except  Nidwalden,  where  it  remains  fixed  at  the 
completed  eighteenth  year. 

The  number  of  persons  qualified  to  participate 
in  Landsgemeinden  ranges  from  2961  in  Appen- 
/cll  Interior  to  12,694  m  Appcnzell  Exterior.1 
Ordinarily  the  actual  attendance  can  be  only 
estimated.  It  seems  to  vary  considerably  from 

1  Figures  from  Ryffel,  op.  ri/.,  p.  278,  for  the  year  1900. 
For  the  other  four  democratic  cantons  the  number  of  qualified 
persons  is  as  follows:  Lower  Unterwalden,  3090;  Upper 
Unterwalden,  3953;  Uri,  4823;  Glarus,  824$.  An  actual 
count  showed  1722  present  at  the  Landsgemetnde  of  Uri  in 
1901,  and  23  $5  at  the  Landsgemetnde  of  Lower  Unterwalden 
in  1895. 

[379] 


GOVERNMENT  OF  SWITZERLAND 

meeting  to  meeting.  The  best  figures  available 
indicate  an  attendance  of  36  per  cent  of  those 
qualified  in  Uri;  from  25  to  38  per  cent  in  Upper 
Unterwalden;  79  per  cent  in  Lower  Unterwalden; 
48  per  cent  in  Glarus;  63  to  79  per  cent  in  Appen- 
zell  Exterior;  and  77  per  cent  in  Appenzell 
Interior.  All  six  of  the  democratic  cantons 
declare  in  their  constitutions  that  participation 
in  the  Landsgemeinde  is  the  duty  of  every 
qualified  citizen.  Only  the  two  Appenzells, 
however,  have  laws  penalizing  non-attendance  by 
small  fines  of  five  or  ten  francs,  except  when  valid 
excuses  can  be  given.  The  clause  on  this  subject 
in  the  constitutions  of  each  of  the  other  four 
cantons  is,  therefore,  a  clear  case  of  lex  imperfecta. 
A  number  of  police  regulations  provide  for  the 
maintenance  of  order  at  the  Landsgemeinden. 
Thus  in  Nidwalden  any  one  who  becomes  intoxi- 
cated before  the  meeting  is  subject  to  a  fine  of 
twenty  francs,  while  the  innkeeper  or  other 
person  who  supplied  the  liquor  may  be  mulcted 
in  the  same  sum.  In  Glarus  and  Uri  all  hawking 
of  wares  in  the  immediate  neighborhood  of  the 
ring  is  prohibited.  Any  violent  disturbance  of 
the  meeting  may  be  severely  punished.  Voting 
by  unqualified  persons  is  subject  to  fines  of  from 
five  to  three  hundred  francs,  to  which  imprison- 
ment may  be  added  in  flagrant  cases.  Other 
measures  are  needed  to  suppress  this  evil.  It 
has  been  suggested  that  all  entrances  to  the  ring 
should  be  guarded  and  admission  granted  only 

[380] 


LANDSGEMEINDE  CANTONS 

to  persons  wearing  badges  issued  beforehand  to 
qualitiol  voters.  Bribery,  intimidation,  mis- 
represent .md  other  corrupt  practices  are 
subject  to  penalties  similar  t<>  those  inflicted  in 
case  of  illegal  voting. 

In    nrfH-f.il.    however,    the    good    order    and 
purity  of  the  Landsgemeinde  are  maintained  not 

force  and  penal  threat  but  by  the  power  of 
ancient  tradition,  the  solemnity  of  the  occasion, 
and  the  awe-inspiring  character  of  the  surround- 
ings. There  is  a  real  effort  to  live  up  to  the 
exalted  ideals  expressed  in  the  constitution  of 
Uri;  namely,  that  "the  sole  guiding  principle  of 
tiu  Landsgemeinde  shall  be  justice  and  the 
welfare  of  the  fatherland,  not  willfulness  nor  the 
power  of  the  stronger.  In  casting  a  vote  at 
the  Landsgemeinde  the  individual  and  the  people 
are  responsible  only  to  God  and  conscience" 
(Art.  50).  Impressive,  too,  are  the  oaths  taken 
both  by  the  newly  elected  officials  and  by  the 
whole  assembly.  Thus  in  Appenzell  Exterior 
the  people  swear  "to  promote  the  welfare  and 
honor  of  the  country  and  to  turn  aside  harm 
from  it,  to  protect  its  rights  and  liberties  to  the 
best  of  our  power  and  to  defend  them  with  goods 
and  blood  should  need  arise;  to  obey  authority 
according  to  the  laws;  to  maintain  justice  and 
order;  and  to  promote  the  welfare  of  all  to  the 
best  of  our  powers."  And  at  the  end  the  response 

lionised  by  the  mighty  crowd:  "I  have  will 
understood  that  which  was  read  to  me;  to  it  I 

[381] 


GOVERNMENT  OF  SWITZERLAND 

will  hold  true  and  firm,  loyally  and  without  any 
deceit,  so  truly  as  I  wish  and  pray  that  God  may 
help  nu . 

It  has  been  customary  to  explain  the  per- 
sistence of  the  Landsgemeinden  as  due  to  tin 
small  size  and  population,  the  primitive  agricul- 
tural economy  and  homogeneous  social  conditions 
of  the  cantons  in  which  they  prevail.  All  these 
considerations  are  subject  to  qualification.  On 
the  average  the  pure  democracies  are  of  smaller 
area  than  the  other  cantons  of  Switzerland. 
The  greatest  dimension  of  Uri  —  the  largest  of 
the  six  —  is  about  thirty-five  miles,  and  a  majority 
of  its  voters  have  to  travel  less  than  ten  or  twelve 
miles  to  reach  Altdorf.  Moreover,  improvement 
of  roads  and  better  railroad  service  are  making  it 
constantly  easier  for  voters  to  reach  the  various 
Landsgemeinden.1  Nevertheless,  it  is  true  that 
Uri  is  larger  than  nine,  Glarus  and  Upper  Unter- 
walden  larger  than  five,  of  their  sister  common- 
wealths with  representative  institutions. 

In  the  more  ancient  cantons  —  Uri,  the  two 
Unterwaldens,  and  Appenzell  Interior  —  agricul- 
ture and  cattle  raising  are  the  predominant 
industries,  and  social  conditions  are  still  fairly 

1  Nevertheless,  peasants  living  at  greater  distances  com- 
plain that  they  are  at  a  disadvantage  as  compared  with  those 
living  in  or  near  the  capital.  It  has  been  suggested  that  this 
objection  might  be  met  by  holding  the  Landsgemeindc  at 
various  places  in  succession.  In  one  canton  —  Appenzell 
Exterior  —  the  people  meet  at  Trogen  in  even-numbered 
yean  and  at  Hundwyl  in  odd-numbered  ones. 

[382] 


LANDSCEMEINDE  CANTONS 

homogeneous.    Great  harmony   prevails  also  in 
religious    affairs,    at    their   population    is   over- 
un-!\     (  During    the    latter    part 

of  the   nineteenth   century,   however,   AppcnzeU 
tor  and  Glarus  —  which,  by  the  way,  are 
ly  Protestant  —  succeeded  in  developing  an 
lustrial    life.     Within    the    ring   at    the 
.'•M  of  these  two  cantons,  herdsmen, 
.crds,  peasants,  manufacturers,  factory  em- 
ployees,   artisans,    merchants,    and    members   of 
the  learned  professions  meet  on  terms  of  perfect 
icy.     Nor  do  their  ancient  democratic  insti- 
•n  show   the   least   sign  of  breaking  down 
under  this  new  economic  develops 

It    is  true  that  the  number  of  laws  enacted 
each    year    by    the    Landsgemeinde    cantons    is 
sm.til.  hut  this  is  also  true  of  most  of  the  repre-  of 
sentativc  cantons  of  the  same  size.     It  is  emphati- 
cally not  the  case,  however,  that  the  qual 
pure    democratic    legislation    is    reactionary.     A 
dote  observer  rates  the  U :  of  Glarus  and 

Appenzell   Exterior  as  taking  high   rank  among 
the  progressive  cantons  of  Switzerland.     Upper 
\valdcn  is  a  close  second  to  these  two,  \%  hi  It- 
Lower  Unterwalden,  and  Appenzell  Interior 
have  made  many  advances  in  the  last  two  or 

c  decades.1 

The  Landsgemeinde,  then,  has  given  abundant 
evidence  of  its  right  to  existence.     At  an  earlier 
date   it    furnished    part   of  the   inspiration    that 
1  Ryfiel,  op.  cit.,  p.  318. 

[383] 


GOVERNMENT  OF  SWITZERLAND 

found  expression  in  the  democratic  doctrines  of 
Rousseau,  and  thus  it  aided  in  the  world-wuK 
spread  of  that  gospel.  Later  it  served,  together 
uith  other  precedents,  to  suggest  to  the  Swiss 
the  adoption  of  the  initiative  and  referendum. 
For  a  time  the  success  of  these  two  institutions 
gave  rise  to  the  opinion  that  the  older  forms  of 
pure  democracy  might  ultimately  abdicate  in 
their  favor.  However,  in  the  actual  physical 
presence  of  the  sovereign  at  one  time  and  place 
the  Landsgemeinde  possesses  a  real  advantage 
over  the  initiative  and  referendum.  As  Welti 
said  in  1872,  the  Landsgemeinde  "is  a  living 
institution  with  which  the  paper  referendum  is 
not  to  be  compared."  On  the  same  subject 
Jacob  Dubs  wrote: 

"Here  the  unity  of  the  country  is  physically  rep- 
resented, —  administration,  council,  and  people, 
by  a  single  circle  spanned  about  and  by  a 
single  thought  upborne.  In  this  higher,  vis- 
ible unity  all  political  and  social  antagonisms 
are  dissolved.  .  .  .  The  thought  of  community, 
of  the  solidarity  of  all  the  interests  of  the  people, 
of  brotherhood  under  the  same  fatherland,  win 
place  and  power  in  the  assembled  multitude.  .  .  . 
Orator  and  hearer  lift  each  other  to  higher  planes. 
There  are  moments  when  a  silent  awe  takes 
possession  of  the  crowd  and  the  feeling  wakes  in 
them  that  they  stand  upon  holy  ground;  that 
God  is  near  them." 

At  the  present  time  it  is  generally  conceded 

[384] 


LANDSC.I  Ml  INDE  CANTONS 

!  andsgemeinde  will  be  perpetuated 
•«•!>•  in  tin  fix  democratic  cantons  of 
Switzerland.  As  the  "most  natural,  most  vital, 
and  most  beautiful  embodiment  of  democracy" 
it  deserves  to  endure  so  long  as  the  simplicity 
and  nobility  of  that  ideal  have  power  to  influence 
the  world. 

SELECTED  BIBLIOGRAPHY 

ADAMS,  F.  O.,  and  CUNNINGHAM,  C.  D.  "The  SWIM  Coo- 
federation,"  pp.  117  ff. 

FIIIMAN,  E.  A.  "Growth  of  the  English  Constitution," 
Ch.  I,  pp.  i- 10. 

LLOYD,  H.  D.  "A  Sovereign  People,"  Ch.  IV  (The  Landt- 
temeinde  or  State  Commune). 

VINCENT,  J.  M.    "Government  in  Switzerland,"  pp.  54  ff. 


[385] 


CRITICAL  BIBLIOGRAPHY 

AT  the  end  of  each  chapter  in  the  preceding 
text  a  brief  list  of  the  more  easily  accessible 
English  references  is  presented.  Unless  some 
special  circumstance  makes  it  desirable,  these 
titles  will  not  be  repeated  in  the  present  bibliog- 
raphy. For  the  reader's  convenience  the  follow- 
ing lists  are  given  the  same  headings  as  the 
chapters  of  the  book. 

There  is  no  systematic  bibliography  of  recent 
date  in  English  which  covers  the  whole  field  of 
Swiss  government  and  politics.  In  J.  M.  Vin- 
cent's "Government  in  Switzerland,"  New  York, 
1900,  a  very  valuable  list  of  selected  references 
with  comment  is  presented,  dealing  principally 
with  constitutional  history,  but  also  containing 
sections  on  topography,  statistics,  laws  and 
official  publications,  and  special  questions.  Fol- 
lowing his  admirable  article  on  Switzerland  in 
the  Encyclopaedia  Britannica,  Vol.  26,  Cam- 
bridge, 1911,  W.  A.  B.  Coolidge  gives  references 
covering  a  wide  range  of  topics,  among  which 
are:  "History";  "Economical:  Trade  and  Com- 
merce"; and  "The  Constitution  of  1874."  There 
is  a  much  briefer  list  of  references  on  Switzerland 
in  the  New  International  Encyclopedia,  Vol.  21, 
New  York,  1916.  Many  books  dealing  with 

[386] 


CRITICAL  BIBLIOGRAPHY 

special  aspects  of  Swiss  government  and  politics 
con;  rence  lists  which,  so  far  as  possible, 

\\ill  be  noted  m  tlu  following  pages. 

c  1892,  there    hat    been    issued  in   Bern, 

in    p.nts  r.ivh    complete    in    itself,  an   invalua- 

.bliographie  des  schwcizerischcn  Landes- 

kur  purpose  of  which  is  to  list  all  books 

ting  in  any  way  to  Switzerland. 

I.   PHYSICAL  BASIS  OF  THE  Swiss 
FEDERATION 

Land,  Ptopk,  Industrial  and  Social  Conditions 

There  is   a   never  ceasing  flow  from   English 
and  American   presses  of  descriptive   books  on 

tzerland.  Most  of  these  are  devoted  largely 
to  the  superficial  aspects  of  travel,  sports,  or 
health-seeking,  and  give  little  attention  to  the 

of  the  Swiss  people.    The  most  satisfactory 

rmcnt  of  the  latter  topic  in  English  is  to  be 
found  in  A.  T.  Stor\  n  Town  and 

Country,"  New  York,  1902.     F.  Webb's  "Sv 
zerland  of  the  Swiss,"  New  York,  1913,  contains 
a    great    mass    of   interesting    materials    rather 
put  together.     "Switzerland"  by  Frank 

.  London,  1914,  is  a  cleverly  unttrn.  beauti- 
fully  illustrated   book  of  this  type.     "Our   i 
in    tlu    Swiss   Highlands"    by   John   Addington 

ionds,  London,  1907,  is  the  work  of  a  literary 
master  who  understood  and  sympathized  deeply 
with  the  common  lot  of  his  Swiss  friends  and 

[387] 


GOVERNMENT  OF  SWITZERLAND 

neighbors.  In  "A  Little  Swiss  Sojourn,"  New 
York,  1892,  an  American  master,  William  Dean 
Howells,  presents  with  all  the  sharp  compression 
of  a  cameo  the  life  of  the  people  in  one  corner  of 
Canton  Vaud. 

An  admirable  study  of  Switzerland  from  the 
economic  and  social  point  of  view  is  to  be  found 
in  Pierre  Clerget's  "La  Suisse  au  XXe  siecK," 
Paris,  1912.  A.  Dauzat's  "La  Suisse  moderne," 
Paris,  1910,  reveals  careful  observation  and  fine 
psychology  in  the  treatment  of  such  topics  as 
the  country  and  its  aspects,  the  Swiss  soul, 
religions  and  languages.  Under  the  title  "La 
Suisse  au  XIXe  siecle,"  Lausanne,  3  vols.,  1901, 
P.  Seippel,  editor,  presents  a  number  of  admirable 
papers  by  recognized  authorities  on  Swiss  eco- 
nomic conditions,  public  law,  schools,  army, 
religious  conditions,  and  other  topics.  Other 
useful  books  in  this  field  are  H.  Gutjahr's  "La 
Suisse  intime,"  Paris,  1904;  and  J.  C.  Heer's 
"Die  Schweiz,"  Bielefeld  and  Leipsic,  1902. 
A  popular  but  comprehensive  and  well-illustrated 
book  is  "Die  Schweiz,"  edited  by  H.  Brunner, 
Neuchatel,  1909.  It  contains  a  great  mass  of 
materials  —  demographic,  political,  economic,  and 
historical.  Dr.  Ernest  Lerch's  "Vaterlandskunde 
der  Schweiz,"  Zurich,  1912,  is  interesting  as  a 
typical  Swiss  grammar-school  manual.  It  is 
divided  into  three  parts  —  geographical,  histori- 
cal, and  political.  Short  of  actual  residence 
among  and  contact  with  the  Swiss  people,  there 

[388] 


CRITICAL  BIBLIOGRAPHY 

is  no  better  method  of  approach  t<>  thnr  national 
psychology  than  through  the  novels  of  £douard 
Rod  and  Gottfried  Kt  1 

The  language  question  in    Switzerland  is  ex- 
haustively treated  in  J.  /mum  ili's  "Die  deutsch- 
losische  Sprachgrenze  in  der  Schwciz,"  Ge- 
4  and   Basel,  3  vols.,  1891-99.      Rene  Henry 
he  author  of  a  later  pamphlet  on  the  same 
subject,  entitled  "La  Suisse  et  la  Question  des 
Langues,"  Bern,  1907. 

The  best  map  of  Switzerland  is  the  Topo- 
graphischer  Atlas,  better  known  as  the  Siegfried 
.1$,  published  by  the  Federal  Staff  Office. 
A  list  of  good  maps  on  a  smaller  scale  may  be 
found  in  Karl  Baedeker's  "Switzerland,"  p.  x 
Leipsic,  25th  ed.,  1913,  which  is  the  standard 
among  guidebooks.  Charles  Knapp's  "Diction- 
naire  geographique  de  la  Suisse/'  Neuchatel, 
1902-06,  is  a  full  and  valuable  work  of  reference. 

On  economic  conditions  in  Switzerland  valu- 
able bibliographies  by  J.  Landmann,  "Disposi- 

reraturangaben  und  Tabellenmaten.il 
lesung:    die  schweizerische  Volkswirtsch.t 
and    by    F.    Scheurer,    "De    recents    essais    sur 
I'industrie  suisse;  compte  rendu  bibliographique," 
may  be  found  in  Nos.  I  and  3  respectively  of  the 
"Zeitsihntt     fur    schweizerische     Statistik     und 
Volkswirt 

By  far  the  most  valuable  single  work  of  refer- 
ence on  Swiss  economic  conditions,  and  on 
social  politics  and  administration  as  well,  is  Dr. 

[389] 


GOVERNMENT  OF  SWITZERLAND 

N.  Reichesberg's  "Handworterbuch  der  schweiz- 
crischcn  Volkswirtschaft,  Sozialpolitik  und  Ver- 
u.iltung,"  Bern,  3  vols.,  1903-11.  Among  special 
works  may  be  mentioned  T.  Geering  and  Hotz's 
"Economic  politique  de  la  Suisse,"  Zurich,  1911, 
also  in  German  with  a  detailed  bibliography; 
E.  Hoffmann's  "Die  Schweiz  als  Industriestaat," 
ion,  1902;  A.  Le  Cointe's  "Inventaire  des 
institutions  economiques  et  sociales  de  la  Suisse 
a  la  fin  du  XIXe  siecle,"  Geneva,  190x3;  A. 
Pflughart's  "Die  schweizerische  Uhrenindustrie," 
Leipsic,  1908;  P.  H.  Schmidt's  "Die  schweizer- 
ischen  Industrie  im  internationalen  Konkurrenz- 
kampf,"  Zurich,  1915;  and  H.  Wartmann's 
"Handel  und  Industrie  der  Schweiz  im  19. 
Jahrhundert,"  Bern,  1902.  Current  develop- 
ments in  this  field  may  best  be  followed  in  the 
"Bericht  iiber  Handel  und  Industrie  der  Schweiz," 
published  annually  at  Zurich  by  the  Vorort  des 
schweizerischen  Handel-  und  Industrie  Verein. 
The  principal  statistical  sources  are  the  "Ergeb- 
nisse  der  eidgenossischen  Volkszahlung  vom  i. 
Dezember,  1910";  and  the  "Statistisches  Jahr- 
buch  der  Schweiz,"  Bern,  which  has  appeared 
annually  since  1891.  The  "Zeitschrift  fur  schweiz- 
erische Statistik,"  published  six  times  a  year 
at  Bern  since  1865,  and  the  "Zeitschrift  fur 
schweizerische  Statistik  und  Volkswirtschaft," 
Bern,  quarterly,  are  the  most  useful  periodicals 
dealing  with  Swiss  statistics  and  economic 
conditions. 

[390] 


CRITICAL   BIBLIOGRAPHY 

II    DEVELOPMENT  OF  THE  Swiss 
FEDERATION 

an    readers   the   two   most   useful 
t    histories    of  md    are    Dr.     K 

dlikcr's    "Short     History    of    Switzerland," 
Jon,    1899;    and   William    D.    McCrackan's 
sc  of  the  Swiss  Republic,"  New  York,  1901, 
\sith  a  twelve-page  list  of  references.     F.  GrenlYll 
Baker's    "Model    Republic,    A    History   of  the 
Rise  and  Progress  of  the  Swiss  People,"  London, 
1895;  and  L.  Hug  and  R.  Stead's  "The  Story  of 
Switzerland,"  New  York,   1895,  are  written  in 
somewhat   more   popular   style,   the   latter  con- 
many  well-chosen  illustrations.     Part   II 
A'.  A.  B.  Coolidge's  article  in  the  Encyclopaedia 
Britannica  contains  a  very  valuable  outline  of 
•v,     \Mth     excellent     bibliographical 
references.     J.  Sowerby's  "The  Forest  Cantons," 
London,  1892,  contains  much  of  interest  regarding 
the  early   history  of  Uri,   Schwyz,   and    Unter- 
Men.    On    special    periods    J.    M.    Vincent's 
"Switzerland  at  the  Beginning  of  the  Sixteenth 
Cerr  il.iltimore,    1904,   may   be  consulted; 

also  the  following  contributions  to  the  Cambridge 
Modern  History,  all  of  which  are  admirable: 
J.  P.  Whitney,  "Tin  Hdvetic  Rcforn 

M.  Fairbairn,  "C'.ilvin  and  the  Reformed 

irch,"  Vol.  II,  Chs.  X  and  XI;  J.  J.  Schollen- 

bern  itzerland  from  the  Treaty  of  Aarau 

(1712)  to  the  French  Revolution,"  Vol.  VI,  C'h. 

[391] 


GOVERNMENT  OF  SWITZERLAND 

XVII;  and  W.  Oechsli,  "The  Achievement  of 
s  Federal  Unity,"  Vol.  XI,  Ch.  VIII. 

Containing  all  the  recesses  of  the  Diet  from 
1245  to  1848,  the  great  "Amtliche  Sammlung 
der  alteren  eidgenossischen  Abschiede,"  which 
was  published  officially  in  thirty-two  volumes 
from  1858  to  1905,  is  invaluable.  A  compen- 
dious and  important  source  book  for  documents 
illustrating  Swiss  political  and  constitutional 
history  from  the  origins  to  modern  times  is  W. 
Oechsli's  "Quellenbuch  zur  Schweizergeschichte," 
Zurich,  1901.  All  Swiss  chroniclers  and  historians 
of  importance  are  reliably  characterized  by 
Georg  von  Wyss  in  his  "Geschichte  der  Historio- 
graphie  in  der  Schweiz,"  Zurich,  1895.  Hans 
Barth's  "Bibliographic  der  Schweizergeschichte," 
Basel,  2  vols.,  1914,  and  the  "Repertorium," 
Basel,  2  vols.,  1892-1906,  which  lists  historical 
articles  in  Swiss  periodicals  from  1812  to  1900, 
are  useful  bibliographical  works. 

Brief  sketches  of  the  works  of  such  earlier 
writers  on  Swiss  history  as  J.  v.  Miiller,  R. 
Glutz-Blozheirn,  J.  J.  Hottinger,  L.  Vulliemin, 
and  Ch.  Monnard,  may  be  found  in  Vincent. 
Among  more  recent  authorities  very  high  rank 
must  be  assigned  to  Johannes  Dierauer's  well- 
written  and  judicious  "Geschichte  der  schweizer- 
ischen  Eidgenossenschaft,"  which  in  four  volumes 
covers  the  whole  range  of  Swiss  history  from 
Roman  times  to  the  year  1798.  This  monu- 
mental work  is  also  available  in  French,  translated 

[392] 


CRITICAL  BIBLIOGRAPHY 

Aug.  Reymond,  uml  -  de 

la   Confederation   suisse,"   Lausanne   and    Paris, 

1-14.  Both  the  German  and  the  French 
editions  contain  exhaust  ical  notes  upon 

sources.  Conceived  <>n  th<-  same  large  scale 
and  ably  executed  is  Karl  Dandliker's  "Geschichte 
der  Schwci/  ;  vols.,  1893,  covering 

Swiss  history  from  the  time  of  the  Lake  Dwellers 
to  1885.  Two  extended  volumes  by  Dr.  J. 

•  tllcnbcrgcr,  "  Geschichte  der  schweizerischen 
•.iiienfeld,    1906-08,   deal   with   Swiss 

•u.i I  history  exclusively  from  the  origin  of 
Swiss  independence  to  the  revision  of  the  federal 
constitution  in  1874. 

To  the  foregoing  works  of  more  general  char- 
acter may  be  added  a  number  of  historical  books 
and  monographs  in  German  and  French  dealing 
v.irh  particular  periods,  as  follows:  £.  Gagliardi, 
"Hohcpunkt  und  Verfall  der  sch\  hen 

Grossmacht  im  i6ten  Jahrhundert,"  Zurich, 
1907;  E.  de  Bude,  "Les  Bonapartes  et  la  Suisse, 
1797-1815,"  Geneva,  1905;  E.  Guillon,  "Na- 
poleon et  la  Suisse,  1803-15,"  Paris,  1910;  G. 

tier,  "Napoleon  I.  Politik  und  Diplomatie  in 

Schweiz  wahrend  der  Gesandschaftszeit  des 

de   Talleyrand,"    Zurich,    1907; 

\V  > :i-  lu-lvi-tisv-he  Verfassung  von  1798," 

Bern,   1872;    J.  Strickler,  "Aktensammlung  aus 

Zeit     der    helvetischen     Rcpubhk."     Bern, 

1886-1903;    B.  van  Muyden,  "La  Suisse  sous  le 

Pacte  de  1815,"  Lausanne,  1890;    Baumgartner, 

[393] 


GOVERNMENT  OF  SWITZERLAND 

"Die  Schweiz  in  ihren  Kampfen  und  Umge- 
staltungen  von  1830-1850,"  and  F.  Fleiner,  "Die 
Griindung  des  schweizerischen  Bundesstaates  im 
Jahre  1848,"  Basel,  1898. 

On  the  periods  following  the  adoption  of  the 
constitutions  of  1848  and  1874,  J.  Schollenberger 
has  written  two  volumes:  "Die  Schweiz  seit 
1848,  ein  staatsmann.  und  diplomatisches  Hand- 
buch,"  Berlin,  1908,  and  "Die  schweizerische 
Eidgenossenschaft  von  1874  bis  auf  die  Gegcn- 
wart,"  Berlin,  1910.  For  the  nineteenth  century 
as  a  whole  W.  Oechsli's  "Geschichte  der  Schweiz 
im  neunzehnten  Jahrhundert,"  Leipsic,  1903, 
and  Th.  Curti's  book  of  the  same  title,  Neuchatel, 
2d  ed.,  1904,  are  valuable. 

III.  THE  Swiss  FEDERAL  CONSTITUTION 
Constitutional  History ,  Constitutional  Law 

Best  and  latest  among  English  translations  of 
the  Swiss  federal  constitution  is  that  of  Professor 
Walter  E.  Dodd,  published  with  a  brief  historical 
note  and  bibliography  in  his  "Modern  Con- 
stitutions," Vol.  II,  pp.  253-290,  Chicago,  1909. 
English  translations  may  also  be  found  in  the 
appendix  of  J.  M.  Vincent's  book  cited  below; 
by  Professor  E.  J.  James  in  No.  8,  University  of 
Pennsylvania  Publications  in  Political  Economy 
and  Public  Law,  Philadelphia,  1890;  and  by 
Professor  A.  B.  Hart  in  No.  18  of  the  Old  South 
Leaflets,  Boston,  1890. 

[394] 


CRITICAL  BIBLIOGRAPHY 

Among  books  in   English  dealing  with  Swiss 

governmental    i  us    generally    the    most 

iablc    is   J.    M.    Vincent's   "Government    in 

Switzerland,"   New   York,   1900.     It 

h  space  to  cantonal  as  to  fedt 
Itu    Swiss  Confederation/'   by   F.   O.   Adams 
ami  unningham,  London,  1889,  is  devoted 

ly   to  the   federal  government   and   is   still 
worth    consulting.     "The    Federal    Government 
/crland,"  Oakland,  California,   1889,  by 
Professor     Bernard     Moses,     is    an     interesting 
comparative    study    of   the    Swiss    constitution. 
Boyii  Winchester,  former  minister  of  the  United 
States    at    Bern,    embodied    many   observations 
made    in    that    capacity    in    his    "The    Swiss 
Republic."    Philadelphia,   1891.     Valuable  chap- 
ters or  sections  on  Swiss  government  are  contained 
in   the  following  general  works:    "Comparative 
Free  Government,"  New  York,   1915,  by  Jesse 
Macy  and  J.  W.  Gannaway;  "The  Governments 
Kurope,"  New  York,   1913,  by  F.  A.  Ogg; 
"Governments     and      Parties     in     Continental 
<>pc,"  Vol.  II,  Boston,  1896,  by  A.  Lawrence 
Lowell,  with  the  Swiss  constitution  in   French; 
1  he  State,"   Boston,   1899,  by  Woodrow 
<>n. 

An    official    collection    of   Swiss    federal    and 

!    constitutional    documents   in    German, 

1    Italian  was   published   in    Bern   in 

1891,  with  supplements  one  to  nine,  1892-1903, 

under    the     title     "Sammlung    enthaltend     die 

[395] 


GOVERNMENT  OF  SWITZERLAND 

Bundesverfassung  und  die  in  Kraft  bestehenden 
Kantonsverfassunmn."  In  1909,  the  Chancellor 
began  the  publication  of  a  new  edition  of  this 
collection.  Constitutional  texts  may  also  be 
found  in  the  French  collection  of  F.  R.  Dareste, 
Paris,  3d  ed.,  1910;  and  the  German  collection 
of  Posener,  Charlottenburg,  1909.  Kaiser  and 
Strickler's  "Geschichte  und  Texte  der  Bundes- 
verfassungen  der  schweizerischen  Eidgenossen- 
schaft,"  Bern,  1901,  is  a  valuable  compendium 
covering  the  period  from  the  Helvetic  revolution 
to  the  present  time. 

Probably  the  best  constitutional  history  of 
Switzerland  is  C.  Hilty's  "Die  Bundesverfas- 
sungen  der  schweizerischen  Eidgenossenschaft," 
Bern,  1891,  also  published  in  French  at  Neuchatel, 
the  same  year.  Readers  should  consult  the  works 
of  Vincent  and  Dodd  cited  above,  for  valuable 
notes  upon  Bliintschli,  Ullmer,  and  other  earlier 
writers  on  Swiss  constitutional  history. 

On  Swiss  constitutional  origins  and  develop- 
ment Fritz  Fleiner's  "Entstehung  und  Wandlung 
moderner  Staatstheorien  in  der  Schweiz,"  Zurich, 
1916,  is  extremely  valuable.  Charles  Borgeaud's 
"£tablissement  et  Revision  des  Constitutions  en 
Amerique  et  en  Europe,"  Paris,  1892;  English 
translation  by  C.  D.  Hazen,  New  York,  1895,  is 
probably  more  widely  known  and  more  highly 
esteemed  among  American  students  than  any 
other  book  in  this  field.  It  contains  important 
chapters  on  Swiss  constitutional  origins  and 

[396] 


CRITICAL  BIBLIOGRAPHY 

methods  of  amendment,  and  draws  many  tugges- 
comparisons  between  American   and   SWIM 
!  methods*     For  those  interested  in  corn- 
studies,  Run  mi. inn's  three-volume  work 
'.is   nordamcnk.imsihc   Bundesstaats- 
recl  hen  mit  den  politischt  i  tun gen 

Schwei/  .h,    1867-76,    may    still    be 

.ultcd  with  profit.  A  recent  pamphlet  by 
W.  £.  Rappard,  "Notre  grande  republique 
sceur,"  Geneva,  1916,  draws  many  instructive 
comparisons,  economic  and  social  as  well  as 

al,   between   the  two  republics. 
Among  commentaries  on  the  Swiss  constitution 
present  writer  has  found   W.    Burckhardt's 
monumcnt.il       Kommcntar    der    schweizerischen 
desverfassung,"  Bern,  id  ed.,  1914,  the  most 
table.     It  takes  up  the  constitution  of  1874 
Ic  by  article,  expounding  each  with  a  great 
wealth    of    historical     and     legal     material.     J. 
Schollenberger's  "  Bundesverfassung  der  schwei- 
zerischen Eidgenossenschaft,  Kommentar  mit  Ein- 
.    1905,  is   also   an  authoritative 
work  in  which  each  article  of  the  constitution  is 
separately  expounded.     Another  valuable  general 
by   the  same   author   is  entitled    "Das 
Bundesstaatsrccht   der  Schweiz,  Geschichte  und 
System/'  Berlin,  1905.     An  earlier  three-volume 
work  by  J.  J.  Blumer  and  J.  Morel,  "Handbuch 
des    schweizerischen    Bundesstaatsrechts,"    pub- 
.tlly  in  the  late  seventies  and  eighties, 
>ys  high  repute.    The  third  volume  of  Flan- 

[397] 


GOVERNMENT  OF  SWITZERLAND 

drin's  "Institutions  politiques  de  PEurope  con- 
temporaine,"  Paris,  1901,  is  devoted  in  part  to 
a  discussion  of  the  Swiss  constitution,  govern- 
ment, legislation,  local  administration,  and  just 
Other  frequently  cited  works  in  this  field  are 
A.  Affolter's  "Grundziige  des  schweizerischen 
Staatsrechts,"  Zurich,  1905,  with  supplement  on 
individual  rights  published  in  1911;  and  B. 
Bertoni  and  A.  O.  Olivetti's  "Le  Istituzioni 
svizzere  nel  diritto  publico  e  private,"  Turin, 
1903. 

Under  the  title  "Schweizerisches  Bundesrecht," 
Bern,  id  ed.,  1903-04,  L.  R.  von  Salis  published 
five  volumes  of  decisions  by  the  Bundesrat  and 
Bundesversammlung  on  matters  of  public  and 
administrative  law;  French  edition  by  Eugene 
Borel.  R.  E.  Ullmer's  "Staatsrechtliche  Praxis," 
Zurich,  2  vols.,  1862-66,  is  a  work  of  similar 
character  covering  the  earlier  period  from  1848 
to  1863,  also  translated  into  French  by  Eugene 
Borel.  For  older  works  in  this  field  by  J.  Dubs, 
S.  Kaiser,  A.  von  Orelli,  and  others,  the  bibli- 
ographies of  Vincent  and  Dodd  may  be  consulted. 
A  very  important  article  by  F.  Fleiner,  "Die 
Fortbildung  der  schweizerischen  Bundesverf.is- 
sung  seit  dem  Jahre  1874,"  in  the  "Jahrbuch 
des  offentlichen  Rechts  der  Gegenwart,"  Vol.  I, 
pp.  392-413,  1907,  discusses  the  development  of 
the  Swiss  constitution  since  1874. 

Swiss  students  are  fortunate  in  the  posses- 
sion of  a  large  number  of  excellent  monographs 

[398] 


CRITICAL  BIBLIOGRAPHY 

on  political  topics.  In  the  field  of  public  law 
tin-  following  are  worthy  of  special  mention: 
\V.  (in.  Inn.  "  Interventions^ 

htsquclUn     nn     <  ulgendssischrn 

>i .     I  .    Jrnuv.    "Ver- 

waltungsrechtspflege,"  Glarus,  1910;   O.  Lauber, 

indesstaatsbegriff,"   1910;   O.    Miiller,  "Vcr- 
waltungsgerichtsbark  Mannedorf,       1910; 

•i  i.    "1  KpfO)  '),     1889;     Veith, 

"Drr   rechtlichc    KmHuss   der    Kantone   auf  die 
Hundesgewalt,"  SchafFhausen,   1902,  with  a 
page    bibliography;     and    J.    Roguin,    "Conflits 
des  lois  suisscs,"  Lausanne,  1891. 

Among  the  many  annuals  published  in  Switzer- 

i  students  of  politics  will  find  the  "Politischcs 

ibuchdt:  /crischen  Eidgenossensch.: 

most  valuable.     It  was  founded  in  1886  by  Dr. 

ililty,    and    is    being   continued    by    Dr.    W. 
The  "Politisches  Jahrbuch"  pub- 

N  radi  year  a  large  number  of  timely  papers 
by  recognized  authorities  on  Swiss  public  ques- 

s,  together  with  an  extended  report  on  Swiss 

ign  and  domestic  affairs,  the  latter  including 
pics   as  constitutional    reform,    avil    and 

•un.il  l.»\v,  the  military  system,  transp 
economic    and    financial    conditions,    agriculture, 
and    social    politics.     It    also    reprints    a    large 
number  of  official  documents  of  current  impor- 
tance. 


[399] 


GOVERNMENT  OF  SWITZERLAND 

IV.  THE  FEDERAL  LEGISLATURE 

Biographical  details  and  portraits  of  members 
of  the  Federal  Assembly,  also  of  the  Federal 
Council,  may  be  found  in  the  "Jahrbuch  der 
eidgenossischen  Rate,"  Bern,  1916,  which  corre- 
sponds in  a  general  way  to  our  Congressional 
Directory.  T.  Curti's  "Im  Bundesratshaus," 
Zurich,  1894,  contains  some  clever  "pen  sketches," 
dryly  humorous  in  tone,  devoted  to  parliamentary 
and  administrative  reform.  The  "fitudes  et 
portraits  politiques,"  Geneva,  1895,  by  N. 
Droz,  may  also  be  consulted  with  profit  by 
students  of  Swiss  legislation. 

The  relation  of  the  Swiss  legislative  and 
executive  branches  is  discussed  in  D.  K.  Boss- 
hard's  monograph  entitled  "Das  Verhaltnis 
zwischen  Bundesversammlung  und  Bundesrat: 
Eine  Studie  iiber  das  Prinzip  der  Gewaltentren- 
nung  im  schweizerischen  Bundesstaatsrecht," 
Zurich,  1909.  Th.  GuhPs  "  Bundesgesetz,  Bun- 
desbeschluss  und  Verordnung,"  Basel,  1908, 
is  an  able  legal  discussion  of  the  various  forms 
in  which  the  Swiss  legislative  will  is  expressed. 
As  the  referendum  finds  application  to  a  part  of 
these  forms  only,  Guhl's  monograph  is  of  great 
practical  importance  from  that  point  of  view  as 
well.  General  works  quoted  under  the  preceding 
heading  (III.  The  Swiss  Federal  Constitution) 
contain  much  important  material  on  the  federal 
legislature. 

[400] 


CRITICAL  BIBLIOGRAPHY 

On  clectioni  to  legislative  office  rfx    following 
are  of  important       I      1>1     :      .       1     •  M*  klung 
des  allgemeinen  und  ^l«  i.  !u-n  Wahlrcchts  in  dcr 
nottentch.ih.  MM  lur  sohweb- 

erisches  1906;    and  the  work   by   Dutt- 

weilcr    referred    to    under    Section    XVI    of  this 

>graphy. 

The  laws,  decrees,  etc.,  of  the  Swiss  federation 
are  published  annually  at  Bern  under  the  r 

it  IK  he    Sammlung    der    Bundesgesetze    und 

Verordnungcn  der  schweizerisi  !u  M    KidgenotMO- 

The    latest    issue,    that    for    the    year 

1916,  forms  Vol.  XXXII  of  the  new  series  of 

collection.     Second   in   importance  only   to 

tin-  "Amtliehe  Sammlung"  is  the  "BundesbLrr 

schwcizcrischen    Eidgenossenschaft,"    which 

s    to    several    bulky    vol  nnually.     It 

contains  the  announcements,  contracts,  reports, 

ilar  letters,   etc.,  of  the   federal   authorit 
A  collection  made  by  P.  Wolf,  "Die  schweizer- 
e     Burulesgesetzgebung    nach    Materien    ge- 
iet;      Sammlung    der    Gesetze,     Beschliisse, 
>rdnungen,  und  Staatsvertrage  der  schweizer- 
>cn  Eidgenossenschaft,  sowie  der  Konkordar 
Basel,  2d  ed.,   1905,  is  of  value  for  legislation, 
resolutions,  decrees,   and   treaties  prior  to  that 
date,    all     logically    arranged     and    thoroughly 
indexed. 


GOVERNMENT  OF  SWITZERLAND 

V.  FEDERAL  GOVERNMENT  BY  COMMISSION: 
I  HE  Swiss  EXECUTIVE 

On  this  topic  the  most  valuable  historical 
work  is  J.  Diirsteler's  "Organisation  der  Executiv 
der  schweizerischen  Eidgenossenschaft  seit  1798," 
Aarau,  1912.  It  contains  a  ten-page  list  of 
sources  and  references  to  literature. 

The  most  elaborate  recent  study  of  the  elec- 
tion, organization,  and  functions  of  the  Swiss 
executive  both  in  the  federation  and  in  the 
cantons  is  C.  Lemperiere's  "  Pouvoir  executif  en 
Suisse,"  Paris,  1911.  A  seven-page  bibliography 
of  the  subject,  especially  valuable  for  French 
sources,  is  presented.  The  well-known  general 
work  by  L.  Dupriez,  "Les  ministres  dans  les 
principaux  pays  d'Europe  et  d'Amerique,"  Paris, 
1893,  may  still  be  consulted  with  profit  regarding 
the  role  of  ministers  in  Switzerland.  H.  Escher's 
"  Bundesbeamtenrecht,"  Zurich,  1903,  is  valuable 
on  the  law  relating  to  federal  officials.  Ad- 
ministrative reform  is  discussed  among  other 
topics  in  Th.  Curti's  "Die  schweizerischen 
Volksrechte,  1848-1900,"  Bern,  1900;  and  also 
in  his  earlier  work,  "Im  Bundesratshaus," 
referred  to  under  IV  above.  The  office  of  the 
Swiss  president  is  discussed  comparatively  in  a 
monograph  by  Krusch  entitled  "Die  rechtliche 
Stellung  des  Prasidenten  der  Republik  in  Frank- 
reich,  den  Vereinigten  Staaten  und  der  Schweiz," 
Erlangen,  1907. 

[4023 


CRITICAL  BIBLIOGRAPHY 

A  complete  lift  of  officials  and  employees  in 
every  bi.nu  ^wiss  government  is  published 

Lilly  at  Bern  under  ttu  ntl. .  "Sruatskalendar 
der  •chwetzerischen  Eidgenoeaenfch.it 


FEDERAL  LEGISLATION:    INITIATIVE 
AND  REFERENDUM 

A  translation  of  S.  Deploige's  "The  Referen- 
dum in  Switzerland"  by  C.  P.  Trcvelyan,  London, 
1898,  is  the  most  extended  work  in  English  on 
.1  (though  now,  of  course,  it  is  some- 
what out  of  date.  The  volume  contains  a 
seven-page  list  of  references. 

On  the  history  of  the  Swiss  referendum  the 

leading  authority  is  Th.  Curti,  "Le  referendum; 

•ire   de   la   legislation    populaire  en   Suisse," 

is,    1905.     A   very   useful    pamphlet   by   the 

same    author,    "Rcsultate    des    schweizerischen 

Referendums,"  Bern,  id  ed.,  1911,  presents  the 

results  of  the  referendum  in  communes,  cantons, 

and  federation  down  to  the  date  of  publication. 

Another  valuable  collection  of  data  with  a  number 

of  conspectuses   and    statistical   tables   may   be 

J  in  H.  Stiissi,  "Referendum  und  Initiative 

in   den   Schweizerkantonen,"  Zurich,    1893.     An 

admirable   detailed   discussion   of  the   extension 

of  tiu-  nut  1.1(1  vr  to  ordinary  federal  legislate >r 

ented  by  E.  Klaus,  "Frage  dcr  .Volksinitia- 

irich,  1906. 
Among  the  many  monographs  in  this  field  the 

[403] 


GOVERNMENT  OF  SWITZERLAND 

following  are  important:  J.  Berney,  "L'Initiative 
populaire  en  droit  public  federal,"  Lausanne, 
1892;  by  the  same  author,  "L' Initiative  popu- 
laire et  la  legislation  federale,"  Lausanne,  1896; 
A.  Dumont,  "Legislation  par  le  peuple  en  Suisse," 
Geneva,  1894;  G.  B.  Klein,  "II  referendo  legisla- 
tive," Florence,  1908;  and  P.  Linder,  "Direkte 
Volksgesetzgebung  im  schweizerischen  Staats- 
recht,"  Halle,  1905. 


VII.  THE  FEDERAL  JUDICIAL  SYSTEM 

Decisions  of  the  Swiss  federal  court  may  be 
found  in  the  compendium  by  Salis  noted  under 
III  above.  On  the  court  itself  Rene  Rauline, 
"fitude  sur  le  tribunal  federal  suisse,"  Paris, 
1904,  may  be  consulted  with  profit.  Appeals  in 
public  law  cases  are  discussed  by  C.  Borgeaud, 
"fitude  sur  le  recours  de  droit  publique  au 
Tribunal  federal,"  1904. 

An  English  translation  of  the  Swiss  civil  code 
of  December  10,  1907,  by  Robert  P.  Schick,  was 
published  by  the  Comparative  Law  Bureau  of 
the  American  Bar  Association  in  1915.  RossePs 
"Codification  du  Droit  civil,"  1907,  is  also  of 
value  on  this  subject. 

On  Swiss  criminal  law  the  following  are  of 
importance:  Kronauer,  "Kompendium  des  Bun- 
desstrafrechts,"  Zurich,  1912;  J.  Langhard, 
"Das  schweizerische  Auslieferungsrecht,"  Bern, 
1910;  and  Bacler,  "Politische  Verbrechen," 

[404] 


CRITICAL  BIBLIOGRAPHY 

1900.     In  this  field  the  following  Swiss 
lodicals  are  useful:    the  "  Schweizcrische  X 

facto"]       tl»«-     "/«•. rsJ. 

schweiierisches    Rechc";     and    the    "Zeitschrift 
schwetzerische    Gesetzgebung    und    Rechts- 
pflege." 

VIII.  Swiss  FEDERAL  FINANCE 

On  the  monetary  system  of  Switzerland  three 

table  works  are  K.  Blaum,  "Das  Geldwesen 

der   Schweiz   seit    1798,"   Strassburg,    1908;    G. 

lard,     La  Suisse  ct  PUnion  monetaire  latine," 

s,    1909;     and    L.    Coraggiom,      "Munzge- 

schichte  der  Scl  Geneva,  1896.    The  last 

named   is  well   illustrated,   and   is  the  accepted 

authority  on  Swiss  numismatics. 

The  following  works  discuss  Swiss  banking: 
O.  Bouchmil.  "Origines  et  creation  de  la  Banque 
Nationale  Suisse,"  Monpellier,  1906;  and  N. 
Droz,  "La  politique  federate  en  matiere  de 
banqucs,  ^'assurances,  et  de  chemins  de  fer," 

L^haux  de  Fonds,  1896. 

Swiss    commercial    politics    are    discussed    by 

Frey,  "Die  schweizerische  Handelspolitik  der 

ten    Jahrzehnte,"     Leipsic,     1892;      and    T. 

Get-mi-.    "Die    Handelspolitik   dcr   Schweiz   im 

Ausgang    des    19.    Jahrhunderts,"    Berlin,    1902. 

In   '  iweizerische  Volkswirtschaft  und  die 

Bundesfinanzen,"     Basel,     1916,     H.     Gautschy 

presents  an  extreme  high-protectionist  argument. 

A  thoroughgoing  discussion  of  Swiss   federal 

[405] 


GOVERNMENT  OF  SWITZERLAND 

finances  by  an  acknowledged  authority  is  to  be 
found  in  |.  Steiger's  "Der  Finanzhaushalt  der 
Schweiz,"  Bern,  3  vols.,  1916.  An  extended 
historical  discussion  of  Swiss  taxes  is  presented 
by  G.  Schanz,  "Die  Steuern  der  Schweiz  in 
ihrer  Entwickelung  seit  Beginn  des  19.  Jahrhun- 
derts,"  Stuttgart,  5  vols.,  1890.  The  most 
valuable  annual  publication  in  this  field  is  the 
"Schweizerisches  Finanzjahrbuch,"  edited  at 
Bern  by  J.  Steiger. 

IX.  COMMUNICATION  AND  TRANSPORTATION: 
NATIONAL  OWNERSHIP  AND  OPERATION  OF 
RAILWAYS 

An  extended  study  of  Swiss  railroads  has  been 
begun  by  P.  Weissenbach,  "Das  Eisenbahn- 
wesen  der  Schweiz,"  of  which  the  first  part, 
dealing  with  the  history  of  the  railroad  system, 
was  published  at  Zurich  in  1913.  Other  refer- 
ences of  value  are  H.  Haguet,  "Le  Rachat  des 
chemins,  de  fer  suisses  et  ses  consequences," 
Paris,  1902;  Herold,  "Der  schweizerische  Bund 
und  das  Eisenbahnwesen  bis  zur  Jahrhundert- 
wende,"  Stuttgart  and  Berlin,  1902;  G.  Keller, 
"Der  Staatsbahngedanke  bei  den  verschiedenen 
Volkern,"  Bern,  1897;  E.  Milhaud,  "Le  Rachat 
des  chemins  de  fer,"  Paris,  1904;  Oetiker,  "Die 
Eisenbahngesetzgebung  des  Bundes,"  Bern, 
2d  ed.,  1913;  Raynaud,  "Nationalisation  des 
chemins  de  fer  suisses,"  Paris,  1901;  Streuli, 

[406] 


CRITICAL  BIBLIOGRAPHY 

41  Kompetcnzausscheidung    zwischen    Bund    und 

Kantonen  auf  dem  Gcbicte  des   Kiscnbahnwe*- 

ens,  c,  1907;  P.  Weisscnbach,  "Eisenbahn- 

verstaatlichung    in   dcr  Schweiz,"    l>  &$; 

I '     Wiedcmann,    "  Die    geschichtliche 

A K  kc  Inn-    lin     schweizerischen    Eisenbahn- 

gesetzgebung,"  Zurich,  1905. 

Watt?  Powtr,  EUctritity,  and  Post  Offict 

Among  Swiss  monographs  on  water  power  and 

dect  :    B.   Bertrand,  M  Houille 

iche    et    la    navigation      fluvialc,"    Geneva, 

1916;    M.  Oiriinberg,  "Die  staatliche  Ausnutzung 

Wasserkrafte  in  der  Schwciz/'  Zurich,  i 
II.   Pfleghart,  "Die  Rcchtsvcrhaltnisse  dcr  elck- 
trischen   Unternehmungen,"  Zurich,    1905;    and 
Die  Verstaatlichung    der  schwcizcr- 
icn  Wasscrkrafte,"  Basel,  1905. 
On  the  legal  relations  of  the  Swiss  post  office, 
J.    HUM  r,   "Die  rechtliche  Stcllung  der  Postan- 
iun.    1912,   may  be  consulted. 

X.    Swiss  SOCIAL  LEGISLATION  AND 
ADMINISTRATION 

In  addition  to  the  books  noted  at  the  end  of 
Ch.i  a  large  number  of  articles  on  Swiss 

social  legislation  and  administration  have  been 
publish.  '•}  and  American  periodicals, 

h  may  be  mentioned:   O.  H.  Hn 
•id  Accident  Insurance  in  Switzerlai 
in    "Yale     R^iew,"    19:     235-254,    November, 

[407] 


GOVERNMENT  OF  SWITZERLAND 

1910,  E.  Sellers,  "Poor  Relief  in  Switzer- 
land," in  "Contemporary  Review,"  94:459-476 
and  95:34^-364,  October,  1908,  March,  1909; 
H.  L.  Sumner,  "Industrial  Courts  in  France, 
Germany,  and  Switzerland,"  U.  S.  Bureau  of 
Labor  Bulletin,  24:  273-464,  January,  1912;  J. 
S.  Vrooman,  "Swiss  Vacation  Colonies,"  in 
"Arena,"  40:  460-466,  November,  1908;  Wuarin, 
"Divorce  Legislation  in  Suit /A  Hand,"  in  "Arena," 
34:  10-14,  July»  !9°5;  and  an  anonymous  ar- 
ticle on  "Woman  and  Democracy  in  Switzer- 
land," in  "Atlantic,"  no:  423-426,  September, 
1912. 

Among  Swiss  monographs  in  this  field  the 
following  may  be  cited:  A.  Gutknecht,  "Bundes- 
gesetz  iiber  die  Kranken-  und  Unfallversicherung 
kommentirt,"  Zurich,  1st  part,  1912;  Minkowski, 
"Kranken  und  Unfallversicherung,"  Freiburg, 
1912;  Landmann,  "Arbeiterschutzgesetzgebung 
der  Schweiz,"  Basel,  1904;  P.  Piccard,  "Haft- 
pflichtpraxis  und  soziale  Unfallversicherung," 
Zurich,  1917;  also  a  French  version  of  the  latter 
published  at  Neuenburg  in  the  same  year. 

XI.  THE  Swiss  ARMY  SYSTEM 

The  most  recent  study  in  English  of  the  Swiss 
army  system  is  F.  A.  Kuenzli's  "Right  and  Duty, 
or  Citizen  and  Soldier,"  New  York,  1917.  While 
frankly  propagandist  in  urging  Swiss  methods 
of  military  training  as  a  model  for  the  United 


CRITICAL   BIBLIOGRAPHY 

States,    it     i.  in  tains    much    useful    information. 
A  translation  of  the  Swiss  army  reorganization 
law  of  1907  is  'appended.     Also  in   "A  T« 
tl   Army   in    Hung,"   London,   1908,  Colonel 

1  .idcliffc  presents  an  admirable  I 
report  on  the  Swiss  army. 

The    preparedness    agitation    in    the    United 
States  has  led  to  the  publication  recently  of  a 
iber  of  articles  on  this  subject,  among  which 
.    be  mentioned  J.  Martin,  "Swiss  Soldier," 
'Outlook  801-804,  (April  5,    1916); 

1     1    Huidekoper,  "Swiss  and  Australian  Military 
Systems.  Review  of  Reviews,"  53:449-451 

(April,    1916);     R.    M.    Johnston,    "Ounce    of 
Prevention,  Switzerland  vs.  Belgium."  in  "Cen- 
tury," 90:  17-19  (May,  1915);   and  an  unsigned 
Ic    on    "Making    of   Citizen    Soldiers,"    in 
"Outlook,     11:1307-310  (Feb.  9,  1916).      In  an 
English  periodical,  the  "Fortnightly,"   104:538- 
541  (September,  1915),  there  appeared  an  article 
by  H.  M.  Hyndman  on  "An  Armed  Nation." 
In  German,  H.  Egli,  "Schweizer  Heereskunde," 
1912,  may  be  consulted,  French  edition 
irr    the    title    "L'Armee    suisse,"    Paris    and 
Nancy,  1913;    also  the  older  historical  work  by 
I    I  ciss,  "Das  Wehrwesen  der  Schwt 
2d  ed.,  1880.     Under  the  direction  of  the  chief 
he  general  staff,  Sprecher  von  Bernegg,  the 
hwcizcr    Kriegsgeschichte,"   an   authoritative 
work  on  Swiss  military  history,  is  now  appearing 
1   form.    The  mobilization  of  the  Swiss 

[409] 


GOVERNMENT  OF  SWITZERLAND 

army  upon  the  outbreak  of  the  European  war  is 
described  popularly  in  a  volume  entitled  "Unser 
Volk  im  WafFen,"  Emmishofen,  1916.  Otlu-r 
recent  works  are  F.  Baer,  "Die  schweizerisclu n 
Kriegsverordnungen,"  Ziirich,  1916;  and  G.  De 
Reynold  and  others,  "Soldat  und  Biirger,  tin 
Beitrag  zur  nationalen  Erziehung  des  Schweiz- 
ers,"  Ziirich,  1916,  with  an  introduction  by 
General  Wille,  commander  in  chief  of  the  Swiss 
arm 

Many  of  the  economic  consequences  of  the 
present  war  upon  Swiss  industry  were  anticipated 
with  remarkable  clarity  by  A.  John,  "Die  Volks- 
wirtschaft  der  Schweiz  in  Kriegsfall,"  Zurich, 
2d  ed.,  1912. 

XII.   INTERNATIONAL   RELATIONS 

The  history  of  Swiss  neutrality  is  discussed 
authoritatively  and  exhaustively  by  P.  Schweizer, 
"Geschichte  der  schweizerischen  Neutralitat," 
Frauenfeld,  1895.  K.  Hilty  devotes  an  interest- 
ing pamphlet  to  this  subject,  entitled,  "Die 
Neutralitat  der  Schweiz  in  ihrer  heutigen  Auffas- 
sung,"  Bern,  1889.  More  recently  it  has  been 
discussed  briefly  by  L.  Cramer,  "Autrefois  et 
aujourd'hui;  notre  neutralite,"  Geneva,  1916. 
Important  monographs  in  this  field  are  E.  Fischer, 
"Die  schweizerische  Konsularreform,"  Bern, 
1908;  R.  Miiller,  "Entstehungsgeschichte  des 
roten  Kreuzes  und  der  Genfer  ^Convention," 


CRITICAL  BIBLIOGRAPHY 

-97;    £.  Nagel,  "Let  (Euvres  suitaet 

de   charitc    pendant    la    guerre    1914-16,"    Ncu- 

i  ,i '  .     I'mosch,  "Vcrtcilung  der  Kompe- 

cn   zum   Abschlussc  von  Staatsvertiigen  in 

Schweiz,"  Leipsic,  1906;    and  H  .  ck, 

>  representation  diplomatique  de  la  Suisse," 

rlu    Lirn-r   containing   an   excellent 

lography  of  three  pages.      An  issue  of  the 

\MJzer    Zeitfragen,"    No.    51,    deals    with 

"Die    gcistige    Unabhangigkeit    der    Schwt 

Two  recent  issues  of  the  "Opi- 

is  suisses"  are  of  great  value:  G.  Wagnicre, 

t  Suisse  parrni  les  nations/'  and  R.  Chodat, 

lualismus  und    Demokratic,"   both   pub- 

d  in  Geneva,  1916. 

XIII.   Swiss  PARTIES  AND  PARTY 
ORGANIZATION 

Much  information  on  the  various  Swiss  parties 

i   a  Socialist   point  of  view  is  presented   in 

P.  Pfluger,  MHandspiegel  fur  Nationalrats-Wahler 

und    Nationalrats-Kandidaten,"     Zurich,     1911. 

The  most  accurate  and  complete  account  of  the 

earlier    Socialist    movement    in    Switzerland    is 

mtcd  by  BerghofF-Ising,  "Die  sozialistische 

Arbciterbewegung   in    der   Schweiz,"    1895.     On 

Catholic    G>nscrvative    party    one    should 

consult   Woeste,   "Histoire  du   Culturkampf  en 

Suisse,"     1887.     The    anarchist    movement     in 

Switzerland   is  discussed   by   J.   Langhard   in   a 

[4M] 


GOVERNMENT  OF  SWITZERLAND 

monograph  entitled  "Die  anarchistische    Bewe- 
gung  in  der  Schweiz,"  Berlin,  1903. 

XIV.  THE  CANTONS:  ORGANIZATION 

The  public  and  administrative  law  of  the  Swiss 
cantons  is  exhaustively  discussed  by  J.  Schollen- 
berger,  "Grundriss  des  Staats-  und  Verwaltun^s- 
rechts  der  schweizerischen  Kantone,"  Zurich, 
3  vols.,  1898,  1899.  Constitutional  relations 
between  federation  and  cantons  are  treated  in  the 
following  monographs:  Bickel,  "Kantonales  Ver- 
fassungsrecht  in  den  Entscheidungen  des  Bundes- 
gerichts,"  Zurich,  1900;  Brenner,  "Der  Schutz 
der  in  den  Kantonalverfassungen  enthaltenen 
Rechte  durch  die  Bundesgericht,"  Borna,  Leipsic, 
1906;  and  Jenny,  "Die  Aufsicht  des  Bundes 
iiber  die  Kantone,"  Zurich,  1906.  On  legal 
relations  between  the  cantons  themselves,  Bolle, 
"Interkantonales  Recht,"  1907,  may  be  con- 
sulted. The  "Schweizerisches  Zentralblatt  fiir 
Staats-  und  Gemeindeverwaltung,"  published  in 
Zurich,  is  devoted  to  matters  of  current  interest 
in  this  field. 

The  Swiss  half  cantons  are  discussed  by  H. 
W.  Raustein,  "Die  schweizerischen  Halbkantone, 
ihre  Entstehung  und  Rechtsstellung,"  Zurich, 
1912.  Other  works  dealing  with  certain  cantons 
or  groups  of  cantons  are:  J.  Sowerby,  "The 
Forest  Cantons  of  Switzerland:  Lucerne,  Schwyz, 
Uri,  Unterwalden,"  London,  1892,  which  con- 


CRITICAL  BIBLIOGRAPHY 

s    much    descriptive    and    historical    mar 
II  Kancon    Bern,'  i,    1916; 

>chollcnbcrger,  "Dcr  Kanton  Tessin  und  die 
schweizerischc  Eidgenotsenscl       .     /u ::.'..   • 

Air  Tessiner  Fragc,"  1889;    and  O. 
Wettstrm.  "Drt    Kanton  Ziiruli.  h,   1913. 

Two  beautifully  illustrated  volumes  by  F.  Gribble, 
"Montreux"  and  "Lausanne,"  London,  1908, 
1909,  describe  these  two  cities  and  adjacent 

tory   in  Canton  Vaud. 

XV.  THE  CANTONS:  FUNCTIONS 

Education*    Religion*    Finances*    Citizenship 
On  education  in  Switzerland  two  year  books, 
•  s    Jahrbuch    fur    Untemchtswesen    in    der 
,"   published   at  Zurich   since   1894,  and 
education  en   Suisse,"   published   at  Geneva 
since  1904,  are  of  great  value.     Historically  this 
subject   is  fully  treated   by  F.  Guex,  "Histoire 
de  ('instruction    et   de    1'education,"   Lausanne, 
1913. 

Among   Swiss   monographs   in   this   field    are: 
\V      Martin,     "La     Liherte     d'enseignment     en 
suisse,"  Paris,  1910;  M.  Muller,  "Die  Lehr-  und 
licit/'    St.    Gallen,    1911;    and  W.   Ncf, 
tntonsschulfragen,"  St.  Gallen,  1916.    <4L' 
ncment  commercial  en  Suisse,"  /mu-h,  1914, 
.1    valuable    report    prepared    by    the    Swiss 
Department  of  Commerce. 

n    the    constitutional    point    of   view    the 

[413] 


GOVERNMENT  OF  SWITZERLAND 

most  valuable  and  extended  treatment  of  reli- 
gious establishnu  nts  in  Switzerland  is  by  C. 
Gareis  and  P.  Zorn,  "Staat  und  Kirche  in  der 
Schweiz,"  Zurich,  2  vols.,  1877,  1878.  Among 
later  discussions  of  special  topics  may  be  men- 
tioned Bolsterli,  "Die  rechtliche  Stcllung  von 
Klostern  und  Kongregationen  in  der  Schwei/," 
Einsiedeln,  1913;  A.  Biichi,  "Die  katholische 
Kirche  in  der  Schweiz,"  Munich,  1902;  F. 
Freuler,  "  Kultusfreiheit  und  Kultuspolizei  im 
Bunde  und  in  den  Kantonen,"  Stans,  1908; 
Langhard,  "Die  Glaubens-  und  Kultusfreiheit 
nach  schweizerischem  Bundesrecht,"  Bern,  1888; 
Martin,  "L'fitat  civil  et  le  marriage,"  Geneva, 
1897;  Salis,  "Die  Religionsfreiheit  in  der  Praxis," 
Bern,  1892;  by  the  same  author,  "Die  Entwicke- 
lung  der  Kultusfreiheit  in  der  Schweiz,"  Basel, 
1894;  D.  Streiff,  "Religionsfreiheit  und  Massnah- 
men  der  Kantone  und  des  Bundes,"  Zurich, 
1895;  and  Spondlin,  "  Die  Rechtsverhaltnisse  an 
Freidhofen,"  Zurich,  1910. 

The  broad  and  very  complicated  subject  of 
cantonal  and  communal  finance  is  authoritatively 
discussed  by  J.  Steiger,  "Grundziige  des  Finanz- 
haushaltes  der  Kantone  und  Gemeinden,"  Bern, 
2  vols.,  1903. 

On  Swiss  citizenship  the  following  monographs 
have  been  published:  Bertheau,  "Niederlas- 
sungsfreiheit,  Gewerbefreiheit  und  politische 
Stimmberechtigung,"  Zurich,  1895;  J.  Lang- 
hardt,  "Das  Niederlassungsrecht  der  Auslander 


CRITICAL  BIBLIOGRAPHY 

in  Jr.   E  "Das  Schwewr- 

1^  in,     i*  ,:.       I  .     Rigert,    "Dai 

Bundetjeteti     betreffend    die     Erwerbung    det 

Schweizcrburgerrcchts    vom     25.     Juni,     1903," 

uuim.inn.  " Uber  die  Geschichte 

des  schweizerischcn  Gemcindcburgcrrechts,"  Zu- 

i,    1862;    and    H.  Z<-u.<.   "Das    Prinzip  der 

Rechtsgleichlu  it    m    der    Rechtssprechung    des 

schwcizcrischen      Bundesgcrichts,"      Heidelberg, 

1908. 

XVI     PROPORTIONAL  REPRESENTATION 
IN  Swiss  CANTONS 

Eltction  Laws 

The   most    thorough    and    authoritative   Swiss 
study  of  proportional  representation  is  E.  Klnti, 
o     Proportional wahl    in    der    Schweiz:     Ge- 
ihinu,  mul    Kutik,"  Bern,   1901. 
>ntains  a  valuable  bibliography  both  of  Swiss 
and  foreign  literature,  and  a  list  of  legal  sources. 
The  same  author  has  also  published  a  collection 
jws  entitled  "Die  Texte  der  schweizerischcn 
laltnisswahlgesetze,"       Zurich,    1909.      Th. 
Curti,    "Die    schweizerische   Volksrechte,    1848- 
1900,"  Bern,  1900,  discusses  proportional  repre- 
sentation among  other  topics.    In  the  "  Politisches 
ibuch,"    Vol.    VII,    1892,    J     H.lty    has    an 
ndcd  article  on  "  Die  Minoritatenvertretung." 
following   monographs   of  comparatively 
recent  date  deal  with  election  laws,  proportional 
>n,  and  other  election  reforms:   Dutt- 


GOVERNMENT  OF  SWITZERLAND 

wciler,  "Das  Stimmrecht  in  der  Schweiz;  sys- 
tematische  Darstellung  des  eidgenossischen  und 
kantonalen  Rechts,"  /.iiruh,  1907;  J.  G.  Lorenz, 
"Ziir  Wahlreform,"  St.  Gallen,  1911;  H.  Schen- 
kel,  "Demokratie  und  Wahlrecht,"  Zurich,  1910; 
and  E.  Walter,  "Dem  Schweizervolk  der  Pro- 
porz!"  Zurich,  1909. 

XVII.     LANDSGEMEINDE  CANTONS:     PURE 
DEMOCRACY  IN  STATE  GOVERNMENT 

On  the  Landsgemeinde  cantons  by  far  the 
most  valuable  recent  work,  historical  and  juristic 
in  character,  is  H.  Ryffel's  "Die  schweizerischen 
Landsgemeinden,"  Zurich,  1904,  bibliographical 
notes,  pp.  297-298.  The  best  descriptions  of 
Landsgemeinden  are  by  E.  Osenbriigger  in  his 
"Culturhistorische  Bilder  aus  der  Schweiz/' 
Schaffhausen,  1867-76;  and  by  Eugene  Rambert 
in  the  brilliant,  colorful  essay  entitled  "Les 
Landsgemeindes  de  la  Suisse,"  contained  in  his 
"fitu/ies  historiques  et  nationales,"  Lausanne, 
1889.  Prince  Roland  Bonaparte  is  the  author 
of  two  beautiful  essays  on  the  Landsgemeinden 
of  Upper  Unterwalden  and  Glarus,  entitled 
"Assemblies  democratiques  en  Suisse "  and  "De- 
mocratic Suisse,"  both  published  in  Paris,  1900. 
J.  J.  Blumer's  "Staats-  und  Rechtsgeschichte 
der  schweizerischen  Demokratien,"  St.  Gallen, 
2  vols.,  1850-58,  is  still  valuable  for  detailed  in- 
formation on  the  local  history  of  these  cantons. 


INDEX 


n,->  . 


Aattimu  11 

Adams,  F.  O ,  and  Cunning- 

Administrative    Court. 

•  I$9»  'A  177 
Adolph  of  Nassau,  14 
Ador,  Gustav,  105,  120,  184 
and      pastoral 
pursuits,  5;   pe***at  hold- 
ings, 7;    promotion  of,  by 
cantons,  332 
Albert  of  Habsburg.  22 
Alcohol  monopoly,  constitu- 
tional referendum  on,  140; 
amendment  restricting  sale 

IOC*    141.    Uv 
referendum  on,  155;  nnan- 

r  suit*.   187 

Allemannians,conquestsby,  17 

Allied  districts,  29 

AUmtvdt*  345,  366 

Alps,  a 

Altitu 

Amendment  of  federal  con- 

69,  135 

>1  husbandry,  5,  6,  7 
:$,    trade 
dum. 
Appenzell,       admitted       to 


League,   33;    division  into 
Rhoden,  34 

Jrbiurbumi,  147 

tie,  quoted,  13 

Army,  federal  amendment, 
139;  military  exemption 
tax,  154,  a$3;  military 
penal  code,  155;  reorgani- 
zation law,  155;  constitu- 
tional provisions,  250;  law 
of  1907,  251;  military 
ng  in  schools,  251; 
cadet  corps,  252;  ftlitc, 
Landwrhr,  Landsturm, 
254,  265;  training  time 
compared  with  German 
system,  256,  recruit  school 
methods,  258;  rifle  practice, 
259;  training  and  pay  of 
officers,  260;  cantonal 
functions,  261;  control  of 
Federal  Council,  262;  com- 
mander in  chief,  262;  cost, 
262;  Socialist  criticism, 
263,  297;  site  of.  265; 
mobilization  of  1914,  26$ 

ArtistK  Property,  Literary 
and,  International  Union 
for  the  Protection  of,  286 

[417] 


INDFA 


Assemble  federale,  see  Fed- 
eral Assembly 

Association,  right  of,  67 

Austria,  Swiss  struggles  with, 
21 ;  last  war  with,  30;  war 
between  France  and,  38 

Automobiles,  regulationof,2l8 

BAKER,  F.  G.,  cited,  3 in 
Bank-note     monopoly,     142, 

145*  154*  155,  19* 
Banking,  constitution  on,  48 
Bankruptcy,     constitutional, 
provisions    regarding,    68; 
referendum  on,  155 
Barbarian  invasions,  17 
Basel,   admitted   to   League, 
33;    division  of  canton,  42 
Basel,    Urban,     proportional 

representation  in,  351 
Beard,  C,  cited,  82  n,  344 
Bern,  enters  League,  26;  ac- 
cessions  of  territory,    26; 
state  treasure  of,  35;   con- 
fiscation of  state  treasure 
by  French,  37 
Blumer,  Eduard,  369 
Bonaparte,  Napoleon,  38,  39 
Borgeaud,  C.,  cited,  37  n 
Bossism  in  Freiburg,  319 
Bryce,  Lord,  cited,  346 
Budget,  federal,  195 
Bueler,  Anton,  292 
Bund,  of  Bern,  302  n 
Bundesrat,  see  Federal  Council 
BunderofTsammlung,  see  Fed- 
eral Assembly 


Burckhardt,    W.,    cited,    51, 
53,  57,  64,  66,  74,  78,  86, 
191,  230,  232,  234,  270 
Burgundian  war,  30,  32 
BurKundians,  conquests  by,  17 
Burial,     constitutional     pro- 
vision regarding,  66 
Burr,  George  L.,  cited,  371 

CADET  corps,  252 
Calender,  Felix,  107  «,  294 
Cantons,  number,  52;  half 
cantons,  52;  sovci 
°f»  53 »  guarantees  and 
obligations,  53;  jealousy 
of  federal  power,  60;  sphere 
of  cantonal  powers,  60;  re- 
lations to  army,  261;  area 
and  population,  312;  di- 
gree  of  democracy  in,  313; 
Grand  Councils,  313;  ini- 
tiative and  referendum, 
315;  constitutions,  317; 
Small  Councils,  320;  ad- 
ministrative districts,  321; 
recall,  321;  court  systems, 
323;  courts  of  commerce, 
324;  industrial  courts,  324, 
332;  communes,  325;  can- 
tonal powers,  331;  religious 
establishments,  337; 
340;  treaty  powers,  342; 
concordats,  343;  citi/<n- 
ship,  344;  naturalization, 
345;  compared  to  American 
states,  347;  proportional 
representation  in,  349 


IND!  X 


I  punishment.  139,  141 
'.  101 

Cassation,  Court  of,  171,  173 

Catholic  Church, 

communi.  vilwar 

(*neva.339 

Catholic  Conservatives,  188, 


federal,  72 

Chancellor  112 

.  the  Bold.  30 
Child  labor.  236 
Chnstian  Socialists  291 

under       the 

Romans,  17;   preaching  of 
Insh  motu 
Chuat  294 

Gties,  population  of,  10 
rnship,  62.  63,  344 
Gty    states,    origin    of,    19; 

octarchies  in,  34,  35 
Civics,  teaching  of.  336 
Civil  Code,  139,  170-172 
<  rvice,  I2O 

».33 

Oaparede.  A.  de,  274 
Oergr-  .  190 

Clergymen.    ineligibility    of, 

fee  National  Council.  75 
Clerical  party,  288,  291 

Cot],  4.**) 

Coinage,  48.  192 
ComBMrciil  travelers,  license 
tax  on,  154.187 
3*5 


Complaints,  Chamber  of,  172 
Concordats.  41,  343 

runic,  of,  24;  im- 
of, 

Congrass  of  Vienna.  276 

ConttU  4*t  &*u.  iff  Council 
of  State. 

ConjfU  jXhal,  >„  Federal 
Couaci 

CoHjfti  national,  ///  National 
Co. 

Conjfilj  de  pmfbommtj,  301 

Constitution,  federal,  of  1848, 
adoption,  44 

Constitution,  federal,  of  1874, 
adoption,  44;  length,  48; 
express  and  implied 
powers,  48;  separation  of 
powers,  50;  preamble,  50; 
federation  or  confedera- 
tion, 51;  amendments.  52; 
initiative  and  referendum, 
separate  alliances  for- 
bidden, 55 ;  federal  inter- 
vention, 55;  "General 
Provisions,"  58;  ad  minis- 
-n  by  cantonal  nftrills, 
58;  monopolies,  60;  lefisia- 
powers.  60;  citiaen- 
ship,  62;  bill  of  rights,  63; 
religious  freedom,  64; 
marriage,  66;  illegitimacy, 
66;  right  of  burial,  66; 
right  of  association,  67; 
freedom  of  the  press,  67; 
judicial 

[4«9] 


INDEX 


abuses,  67;  imprisonment 
for  debt,  67;  bankruptcy, 
68;  framework  of  federal 
government,  68;  amend- 
ment, 69;  loyalty  to  con- 
stitution, 69;  provisions 
regarding  international  re- 
lations, 269;  treaty  powers 
of  cantons,  269 
Consular  service,  155,  275 
Coolidge,  W.  A.  B.,  cited, 

26 

Council  of  States,  defined, 
68;  membership,  82; 
equality  of  cantons  in,  82; 
salaries,  83;  recall  of  mem- 
bers, 83;  officers,  84;  com- 
pared with  National 
Council,  89;  proposal  to 
abolish,  90;  rules,  91; 
laws,  resolutions,  ordi- 
nances, 93;  cooperation 
with  Federal  Council,  95; 
order  of  business,  96;  cus- 
toms of,  97;  cloture,  97; 
age  and  training  of  mem- 
bers, 98;  stability  of  mem- 
bership, 100;  chamber  of, 
101;  strength  of  parties 
in,  303 

Courts,  cantonal,  324,  332 
Criminal    Chamber,    Federal 

Court,  172,  173 
Criminal      Code,      constitu- 
tional     amendment      pro- 
viding    for,     139;      death 
penalty,     139,     141;      in- 

[420] 


crease  of  federal  power  in 
criminal  cases,  155;  "press- 
gag"  law,  155;  present 
status,  172 

Curti,  T.,  cited,  I29n,  156, 
157.  161 

Customs   revenue   initiative, 

145.  149 

DALZAT,  A.,  cited,  66 n 
Dawson,  M.  M.,  cited,  239, 

248 

Death  penalty,  139,  141 
Debt,      imprisonment      for, 

abolished,  67 
Decoppet,  Camille,  262,  266, 

294 

Democracies,  Pure,  34 
Deploige,     S.,     cited,    I28n, 

149  n,  368  n 

Diet,  early  meetings  of,  26 
Diplomacy,  see  under  Inter- 
national Relations 
Diplomatic   service,    referen- 
dum on,  155 
Directory,  French,  36 
Distance  Indicator,  80 
Dodd,  W.  E.,  cited,  148  n 
Dubs,  Jacob,  cited,  384 
Dufour,  General,  262  n 
Dupriez,    L.,    cited,   62,   90, 
113,  122,  124  n,  125  n,  127- 
128 

EDUCATION,  federal  secretary 

of,  154 
Eidgenossiscber  Verein^  299 


INDi  X 


Elections   for   the   National 

Council.  . 

Electricity,  wide  use  of,  225 
army  class,  254,  26$ 

I 

i 

FACTORY  acts.  236 

'  29f 
Federal      Administru 

Court.  176,  177 
Federal    Assembly,    defined, 
68;     powers.    8$;     super- 
vision   of,    over    Federal 

166 

Federal  .  17$ 

122 

Federal  Council,  interven- 
tion by,  55;  defined,  69; 
cooperation  in  legislation, 
95;  origin,  103;  election  to, 
104,  145;  eligibility,  104; 
term,  106;  presiding  officer, 
107;  salary,  I IO;  powers, 
no;  effect  of  war  upon, 
114.  '-rpellations,  115; 
supervision  of  cantons,  1 16; 
solidarity  of,  117;  commit- 
tees, IIs  Dents, 
1 1 8;  appointive  power  of, 
compared  with  other 
party 
representation  in,  124,  125; 

n.. -jt  , ,  fAmnmtt       M»k       i          ,  I 

nca    wicn   wore, 
128;  constitutional 
ment  otst : 
0(128; 


129;    election  by 
popular   vote,    130;    sub- 

_    _r   -_, ,!.!,„.    gtt- 

I    1  f»Mrr.t    I    r, 

131;  efficiency  of,  132 
Federal  Court,  origin,   165; 

r\t<  MSH'M     '  t     (••  ;'.s  i  M.     I'.'  , 

number  of  members,  166; 

no  power  of  constitutional 

166;     bow 

chos.  -ilaries,  168; 

seat.  168;  officials,  169; 
divisions  and  chambers, 
172;  jurisdiction,  169; 
juries,  173;  sessions 
tariff  fixing  fees,  174;  juris- 
diction in  cases  of  adminit- 
.  c  law,  176;  compared 
to  U.  S.  Supreme  Court, 

177 

Federal  intervention,  55 

M  Federalists,"  288 

Feudalism,  19 

Finance  and  Customs,  De- 
partment of,  1 1 8,  1 20 

Finances  of  Switzerland,  com- 
pared to  States, 
179;  sources  of  income, 
180,  183;  expenditures, 
181;  protective  tariff,  184; 
military  exemption  tax, 
186;  license  tax  on  com- 
mercial travelers,  187; 
alcohol  monopoly,  187; 
coinage,  192;  bank-note 
monopoly,  192;  proposed 
match  monopoly,  194; 
other  state  monopolies. 


INDEX 


194;  budget,  195;  effect 
of  war  on  Swiss  finances, 
196;  "One-time  war  tax," 
199;  federal  stamp  tax, 
200;  war-profits  tax,  200; 
future  prospects,  202;  can- 
tonal finances,  340 

Fleiner,  F.,  cited,  176  n 

Flue,  Nicholas  von  dcr,  32 

Fodfratimerband  des  tidgenbr 
siscbfn  Ptrsonals,  299 

Food  products,  federal  regu- 
lation of,  235 

Foreign  relations,  disturb- 
ances due  to  immigrant 
population,  12,  13 

Foreigners,  "industry  of," 
9;  immigrant  problem,  12, 
13;  percentage  from 
various  countries,  I2n; 
supervision  of,  by  Federal 
Attorney,  175 

Forest  police,  139 

Forest  states,  original  three, 
20;  pure  democracy  in,  34 

Forestry,  5 

Forrer,  Ludwig,  106,  109 

Forrer,  Robert,  294 

France,  alliance  with,  30; 
establishes  Helvetic  Re- 
public, 36;  reforms  Swiss 
institutions,  36;  insurrec- 
tions against,  37 

Frankel,  L.  K.,  cited,  239 

Frankish  conquest,  18 

Fraufnstimmrecbtsvfreint 
Scbweitrriscbcr,  300 

C4"] 


Frederick  William  IV,  47 

Freeman,  E.  A.,  cited,  368, 376 

Freiburg,  territorial  gains,  30; 
admitted  to  League,  33 

Freight  Transportation,  In- 
ternational Union  of,  285 

Freisin  n  igrdemokratiscbe 
(Radical)  party,  293 

French  language,  percentage 
speaking,  11 

French  Revolution,  36 

GENEVA,  allied  with  League, 
30;  disestablishment  in, 
339;  election  riots  in,  349 

German  army  system,  256 

German  Empire,  relations  of 
Switzerland  to,  in  ninth 
century,  19 

German  language,  percentage 
speaking,  u 

Germany,  alliance  with,  30; 
lessened  influence  of,  31; 
intervention  of,  regarding 
nationalization  of  rail- 
roads, 273 

Gerrymandering,  73 

Glarus,  peasants  of,  at  Nafels, 
25;  enters  League,  26 

Gotthard  tunnel  and  railway, 
207,  224;  international 
controversy  over,  272 

Graber,  Ernest,  299 

Grain  supply,  difficulties  due 
to  war,  280 

Grand  Councils  of  cantons, 


INDIA 


!«•  of.  JO 
GraubQnden.      allied      with 

jgtie.  30 

Greuhch,  H..  248.  »99 
Grimm.  Robert,  199 

i- Hoffmann  affair,  281 
Association,  247,  «97 
iced,  93  * 

HASH  MI,  294 

..  $2,  53  « 
.  16 
i>ublic,  36 

*99 

\  II,  Count  of  Luxem- 
burg, 24 
Herat.  General.  262  « 

Higher-prices- increments,  for 
vay  employees,  219 

itetl,   11} 
r,  Jobann,  294 
Hoffmann,  Arthur,  283 
Holcombe,  A.  N.,  cite, 

Huber,  Kugen,  171 

IIMACY,  constitutional 
provision  regarding,  66 
Immigrant  problem,  12,  13 

later 

•  loaal  Union  of,  286 
Industry,   promotion  of,   by 

tons,  332 

Infectious  diseases,  amend- 
ment on,  139;  referendum 
on. 

defined,  135;    adoption  of, 


total     and     pintal 
by,  143;    per 

..I     i  r ..;     ^l»     .11- 

146;  nature  of 
146,  1471  pad- 
ing  measures,  151;  general 
considerations,  157-164; 
collection  of  signatures, 
157;  participation,  158; 
number  submitted,  159; 
cost,  160;  arguments  for 
and  against,  160-163;  con- 
clusions, 163 

Insurance  against  sickness, 
240;  against  accidents,  244; 
against  unemployment  and 
old  age,  246 

Interior,  Department  of,  118, 

120 

International  Relations,  con- 
stitutional provisions  re- 
garding, 269;  treaty  powtn 
of  cantons,  269,  341;  num- 
ber of  Swiss  living  abroad, 
271;  unpopularity  of  di- 
plomacy, 271;  rejection  of 
law  organizing  diplomatic 
service,  272;  controversy 
Gotthard  line,  272; 
German  intervention,  273; 
proposed  referendum  on 
treaties,  273;  organization 
of  present  diplomatic  serv- 
:74;  consular  service, 
27$;  policy  of  neutrality, 
275;  abolition  of  mercenary 
service,  277;  maintenance 


INDEX 


of  neutrality  during 
Franco-Prussian  War,  278; 
during  present  war,  278; 
Neutrality  Committees, 
281;  the  Ritter  case,  282; 
the  Grimm-Hoffmann  af- 
fair, 282;  president  again 
to  head  political  (foreign 
affairs)  department,  284; 
leadership  of  Switzerland 
in  establishing  international 
unions,  287 

Interpellations,  115 

Intervention,  federal,  55 

"  Invfntarisation,"  341 

Iron  supply,  4;  difficulties  due 
to  war,  280 

Italian  language,  percentage 
speaking,  II 

JESUITS,  65 

Jews,  ii 

Journalism,  279,  302 

Judges,  Swiss  Federal  Court, 
167 

Judicial  abuses,  protection 
against,  67 

July  Revolution,  effects  on 
Switzerland,  41 

Jura  district,  3;  watch  mak- 
ing in,  8 

Juries,  Federal  Court,  173 

Justice  and  Police,  Depart- 
ment of,  1 1 8,  120;  referen- 
dum organizing,  154 

KELLER,  GOTTFRIED,  323 
Keltic  tribes,  16 

[424] 


"Klaus  Brother,"  32 
Klaus,  E.,  cited,  152  n 
i  mil.  298,  35 in 
Kriigcr,  Fritz-Konrad,  cited, 
257  n 

LABOR,  referendum  on  work- 
men's insurance,  140;  uni- 
form industrial  regulation, 
140,  141,  238;  in  factories, 
154;  on  federal  railways, 
208,  209,  218;  general 
legislation  regarding,  236; 
child  labor,  236;  factory 
acts,  236;  trade  unions,  238, 
247;  compensation  laws, 
239;  secretary  of  labor, 
247;  Arbeiierbundy  247 

Labor  Office,  International, 
286 

Land  ownership,  small  hold- 
ings, 7 

Landamman  in  democratic 
cantons,  369 

Landsgtmfind(n>  origins,  365; 
officers  of,  369;  powers, 
370;  meetings,  371;  of 
Appenzell  Exterior,  372; 
of  Uri,  375;  religious  spirit 
of,  376;  initiative  in,  377; 
discussion,  378;  participa- 
tion, 379;  maintenance  of 
order,  380;  oaths,  381; 
vitality  of,  382,  385;  legis- 
lation of,  383 

Landsturm,  army  class,  254, 
265 


INDEX 


Landwehr,  army  claw,  254. 
•65 

J^rV    II 

.•He*.  175 

l.autaimr.     srjt     of      federal 

Coon,  168 
League  of  Kighc.  26 

I  canur  ,,f  Sarm-ii.  4: 
l.eatjue  of  Sr\rn.  4: 
Leslie  ..f    Ihirirrn,    \\ 

"  Leaf  uc,  Perpetual,"  of  1 29 ! , 

Lempericre,  C,  cited,  10911, 

114*.  11511 

Leopold,  Duke  of  Austria,  24 
1  .ibcial  party,  288,  289,  291 
Liquor,  tale  of,  tte  under  Mr 
cohol  in..n..p,-U 

v   and   Artistic   Prop- 
>nal    Union 
•f,  286 
66 

Local  self-government,  effect 
of  social  conditions,  1 3 

0.30 

Lowdl,  1,160,28911, 

316,318,319 

.    to   conititution,   of 

Swiss  people,  69 
Lusem,  enters  League,  2$ 

.  JESSE,  cited,  273  * 

. 

1,  163 

r*,8 

'kt,  constitutional  pro- 
visions retarding,  66 


Marriage  and  registry,  rrief 

endum, 
Match  monopoly,  proposed, 

140. 

Maxmilian,  Kmperor,  31 
Mediation,  Act  of,  38,  4$ 
Mercenary  service,  30;  abo- 

*77 

.  cited,  210 
Mileage  allowed  federal  legis- 

%,  80 
Military  Department,  118 

Military  exemption  tax,   186, 


Military    system,    ttc 

Army 

Mineral  resources,  4 
Monopolies,  federal,  60,  187 
Montenach,  Georges  J  -J    Je, 

292 

Montesquieu,  50 
Morat,  battle  of  30 
Morgarten,  battle  of,  25 
traffic,  228 

scppe,  292 
Mull.-r,  Eduard,  io8n,  109*, 

»94 

MQller,  Gust  a  v,  299 

NAEELS,  battle  <• 

.  Charlcs-Th.,  209 
Napoleon  Bonaparte,  38,  39 
National    Council. 
68;  basis  of  representation, 
lection  districts, 
73;    qualification  of  voters 
4;  proportional  repre- 


INDEX 


sentation  for,  75,  145;  date 
of  elections,  74;  eligibility 
for,  75;  clergymen  inclisi- 
ble,  75;  term,  76;  officers, 
78;  sessions,  79;  compensa- 
tion, 80;  mileage,  80;  re- 
ports of  committees,  81; 
compared  with  Council  of 
States,  89;  rules,  91;  laws, 
resolutions,  ordinances,  93; 
cooperation  with  Federal 
Council,  95;  order  of  busi- 
ness, 96;  customs  of,  97; 
cloture,  97;  age  and  train- 
ing of  members,  98;  sta- 
bility of  membership,  100; 
chamber  of,  101;  strength 
of  parties  in,  303 

National   Economy,   Depart- 
ment of,  1 1 8,  1 20 

Nationdrat,      see      National 
Council 

Naturalization,  13,  63,  345 

Neuchatel  question,  45 

Gotbardvfrfinigung,  299 
Zurcbfr  Zfitung,  302  n 

Neutrality,  275,  278,  281 

Newspapers,  279,  302 

Ney,  Marshal,  38 

OLIGARCHIES  in   city  states, 
35 

PACT  OF  1815,  40 

Parties,    two    original,    288; 

subsequent  divisions,  289; 

Conservative  groups,  291; 


Radicals,  293;  Socialists, 
290,  295;  propagandist 
associations,  299;  present 
strength  of,  303;  orv 
tion,  305;  diets,  307; 
nominations,  309;  influence 
of,  310 

Pastoral  pursuits,  5,  6,  7 

Patents,  140 

"Peaceful  penetration"  by 
foreign  capital,  12 

Peasant  holdings,  7 

Penal  Court,  Federal,  172, 
173 

Pensions,  Old  Age,  246 

Pensions,  referendum  on,  155 

"Perpetual  League"  of  1291, 
22,366 

Pfliiger,  P.,  cited,  1 13  n,  159  n, 

295.  298 

Plateau  region,  3 

Platzhoff-Lejeune,  E.,  cited, 
271  n 

Police,  Justice  and,  Depart- 
ment of,  154 

Political  Department,  118, 
119 

Political  offenders,  12 

Popular  government,  rela- 
tion to  economic  condi- 
tions, 13 

Population,  census  of  1910, 
10;  density  of,  10;  urbani- 
zation, 10 

Postal      Union,      Universal, 

285 


[426] 


INDF  X 


Poets,     postal     rate*     1*9; 

'turns,  232 
P«»  and  Railways,  Depart- 

ment of,  i.  8 
Posts    and     telegraphs,     re- 

•  from,  180,  i" 
penditurrs,  182 
Postulates.  it  ; 

r  monopoly,  180,  182, 

Prrhuti.ru       inhabitant*      ..f 

.crland,  16 
President,  Federal,  107,  132, 


155;  expropriation  law  of 
1850,   204;   pnratt 


nf    fJm 

•  'I.  r. 

Press  and   periodical 
•  3°* 


-Press-tag"  law,  16$ 

sts*  Letter,"  27,  32 
Proportional     representation 
proposed       for      National 


/V»  Srmpionf  society,  199 
Protective  tariff,  155,  184 
Protestants,  number  of  com- 
municants,   n;    Reforma- 
tion   in    Switzerland,    33; 

i.  33 

Purr-food    amendment   law, 
*39.  i$5 


'        •      ^      •   '     i 

2o6,2o8,St.Gotthird.»7, 
224;  private  enterprise 
under  federal  control,  joft- 

funds,  206;  foreign  in- 
fluence. 209;  law  nxing 
conditions  of  purchase,  209; 
accounting  laws,  210; 
"jysum,  d<  ptnXration." 
210,  purchase  law  of  1897, 
21 1 ;  national  ownership 
and  operation,  213;  cost 
of  system,  213;  organiza- 
tion of  adminut  rat  u 
freight  and  passenger  rates, 
217;  labor  policies,  209, 
218;  financial  results,  220; 
effects  of  war,  222;  pro- 
posed electrification,  224 

Rappard,  \V.  K.,  cited,  38*, 
45  r.  280,  323 

Raustein.  H .  \\  .  uti -J,  53 « 
,  321 

Red  Cross,  285 

Referendum,  defined,  13$; 
obligatory  constitutional, 
136;  total  and  ; 

136;     table     of 


AL  party,  290,  29) 
Railroads,  referenda  on,  154, 


referenda,  138,  139; 
ber  rejected,  140;  clissi 
fication  of  measures,  140- 
142;  optional  legislative 


INDHX 


referendum,  152;  table  of, 
154,  155;  results  of,  156; 
general  considerations,  157- 
164;  collection  of  signa- 
tures, 157;  participation, 
158;  number  subi 
159;  cost,  1 60;  arguments 
for  and  against,  160-163; 
conclusions,  163;  proposed 
for  treaties,  273;  in  can- 
tons, 315 
Reformation  in  Switzerland, 

33 

Religion,  number  of  com- 
municants of  various  con- 
fessions, u;  civil  wars  due 
to,  33;  freedom  of,  64;  re- 
lation of  cantons  to,  337 

Rhactians,  16 

Rifle  practice,  259 

Right-to-work  initiative,  145, 

H9 

Ritter,  Paul,  282 

Roads  and  bridges,  228 

Roman  Catholic  Church, 
number  of  communicants, 
n;  civil  war  of  1531,  33 

Roman  conquest,  16 

Romansch  dialect,  n 

Rudolph  of  Habsburg,  at- 
titude toward  Swiss  pos- 
sessions, 21 ;  death,  22 

Ryffel,  H.,  cited,  369*1,  379  n, 
383  n 


ST.  GALLEN,  29 

Schaffhausen,        allied 

[4*8] 


to 


League,    30;    admitted    to 
League,  33 

Schaffner,  Margaret,  322  n 
Scherrer,  Heinrich,  299 
Scheurer,  Karl,  294 
Schools,  federal    subventions 
to,  139;  training  for  army 
service,    251;    organization 
of,  333 
Schulthess,     Edmund,     197, 

294 

Schwyz,  canton  of,  20;  entry 
into        the        "Perpetual 
League,"  22 
Seidel,  Robert,  299 
Seligman,  £.  R.  A.,  cited,  180 
Sempach,  battle  of,  25;  Cove- 
nant of,  28,  32 
Separation  of  powers,  50 
Shick,  R.  P.,  cited,  171  n,  172 
Sickness    and     accident     in- 
surance, 155,  240 
Slaughtering,     initiative     on 

methods  of,  145,  147 
Small  Councils,  cantonal  ex- 
ecutives, 320 

Socialist  party,  290,  295; 
attitude  on  army,  263, 
297 

Social  political  group,  294 
Solothurn,        admitted       to 

League,  33 

Sonderbund,  43,  65,  288 
Spahn,  Carl,  294 
Spargo,  John,  cited,  296 
Stamp     tax,     federal,     139, 
200 


INDI  X 


,te     Council     of 
Sfj 
Stanx,  diet  of.   p;  Conven- 

Stoat,  Karl,  172 

StOssi.  H.,  318,  jam 
Suffrage.    qualification*    for, 

ndum  on. 
Sumnrr    II    1   .  314* 

tcriand,  .  une, 

17" 

>,  184 

Tut*  itt  **Jf- 
Telegraph  rates,  230;  nnan- 

:j2 
Telegraphic  Union,  28$ 

phones,  230;  races,  231; 
Jaanciil  rcturni,  232 
Tdl.  Wilhci 

»nic  ttockt  in  Switzer- 
land, origin  of,  17 
10,    federal    intervention 
'Portional  repre- 
sentation in,  350 
Tobacco  monopoly,  proposed, 

201 
Town  meeting,  in  communes, 

tponation,  natural  bar- 

to,  4 
•»es,     ///     *nd,r     Inter- 

nal Relations 


nsurance 


246 


•-d  by  Swiss,  j«, 

>mpamon  of  two  con- 

(ions,    4S-70    p*»tm; 

constitutional    referrndum 

ntres- 

sional  mileage,  80;  Council 
of  States   compared    with 
Senate,  82i   parliamentary 
practice,  97;  exr 
104.    no,    131,    M. 
and    referendum    in,    134; 
conititutional  amendment, 
137;    judiciary,    166,    175, 
177;   civil   cotl«. 
system.     170,     180, 
graph  rates,  230;  telephone 
service,    231;    child    labor, 
236,  238;  army  strength  of, 
on  basis  of  Swiss  m 
system,    265;    Swiss    resi- 
dents in,  271;  Secretary  of 
Legation    at    Wellington, 
transfer  of  Dr.  Hitter 
from      Washington,     282; 
party     conventions,     308; 
state  legislatures,  314,  315; 
city  government,  329;  can- 
tons compared   to  Ameri- 
can states,  346 
rsities,  333 

Unterwalden,  Lower,  canton 
of,  20;  entry  into  the 
League,  M 

Uri,  canton  of,  20;  ei 
the  Leagu 

UfUri,  Paul,  294 

[4*] 


INDEX 


VALAIS,  allied  with  League,  30 
Veditx,  C.  W.  A.,  cited,  237, 

238 
Vice  president,  108 

n a,  Congress  of,  40 
Vincent,  J.  M.,  cited,  22  n,  29, 

124  n,  180 

Vocational  training,  336 
Voters,  qualifications  of,  74 
Vrooman,  C.  S.,  cited,  211 

WMTER,  E.,  cited,  73  n 
War,    effect    of,    on     Swiss 

finances,    139,    196;    relief 

work,  285 
Watch  making,  8 
Water  power,  145,  224,  226 
Wells,  H.  G.,  cited,  267  n 


Welti,  A.,  cited,  214 
Westphalia,  peace  of,  3 1 
White,    Andrew    D.,    cited, 

375 

"White  coal,"  224 

Wille,  Ulrich,  262 

Woman  suffrage,  300 

Women  in  industry,  8 

Woodburn,  J.  A.,  cited,  57  n 

Workman's  insurance,  refer- 
endum on,  140;  see  also 
under  Labor 

Wullschlegcr,  Eugen,  299 

Zuc,  enters  League,  26 
Zurich,     made     capital      of 
League,    26;    proportional 
representation  in,  361 


The  First  Three  Volumes  of 

Government  Handbooks 


A  isri/s  •/  totttgt  trxtbooki  on  /•* 

UtttJ  h  DAVID  P.  BAIAOWI  «aW  TMOMAA 

II      Rito.    •/    Ikt    l'**v<rnt,    •/    California 

Evolution  of  the  Dominion  of  Canada 
By  EOWABD  POUUTT 


Thit  hiatonr  of  che  fjMMMMnt  of  Canada  tince  the  Coo- 

*(...„    i. 


and   up-to-date  ht«d 
book  on  the  Domioioo  yet  publithed.    The  author,  a  leading 
In  chit  field,  hat  tpared  no  etfort  in  the  way  of 
retearth  to  achieve  this  tod. 

C/oM  -'.00 


Government   and   Politics  of  Switzerland 
Bj  Roaitr  C  Btoou 

A  detcriptioB  of  Che  organiiatioo   and   fuoctkwiof  of  the 

MMM^^^MM    t^    fi^ritarrlan  i      with    •     iiafu^^Mi    nf    hi  t    r'ral 
rlffa    a:u!    .!-.-     ,    :;ri)t    and    \Mth    particular 

tk          •«inla»««  r.ll«!f  »l      1*1         ol     «k  •  A      ••••* 

OM  •OOtn  political  lite  of  the  country. 


Government  and  Politics  of  the  German  Empire 
Bj  Fim-Kos-iAD  Ktuon 

A   careful   and   authoritative   itudy  of  the   political    inttitu- 

tioot  of  the  German  Empire,  from  the  point  of  view  of  a 

of  Che  National  Liberal  party  of  Germany. 

Illnitrmted.     Clotk.     Price   $2.00 


Otkfr    «•/••//    Art    in 

dturiptttm  •/  ikf  ttrtti  ifnt  on 


WORLD  BOOK  COMPANY 

Hit  PBAIUB  Avanom.  CBICAOO 


lllllllllltlUIIMIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 


BOOKS   ON   GOVERNMENT 

FOR  HIGH  SCHOOLS  AND  COLLEGES 


GOVERNMENT  HANDBOOKS 

Edited  by  David  P.  Barrows  and  Thomas  //.  Reed 
GOVERNMENT  AND  POLITICS  OF  SWITZERLAND 
By  Robert  C.  Brooks 

A  description  of  the  organization  and  functioning  of  this  gov- 
ernment, with  a  discussion   of   historical  origin  and   d«- 
ment  and  with  particular  emphasis  on  the  modern  political  life 
of  the  country.     ($2.00.) 

EVOLUTION  OF  THE  DOMINION  OF  CANADA 
By  Edward  Porritt 

The  most  comprehensive  and  up-to-date  handbook  on  the  gov- 
ernment of  Canada  since  its  confederation.  ($2.00.) 

GOVERNMENT  AND  POLITICS  OF  THE  GERMAN  EMPIRE 
By  Fritz-Konrad  Kriiger 

A  careful  and  authoritative  study  of  the  political  institutions 
of  the  empire  before  we  entered  the  war.  An  added  pamphlet 
brings  the  text  up  to  peace  times.  ($2.00.) 

CITIZENSHIP:  AN  INTRODUCTION  TO  SOCIAL  ETHICS 
By  Milton  Bennion 

The  nature  of  society  and  social  problems;  social  obligations  of 
the  individual  and  the  opportunities  society  offers  for  develop- 
ment through  service.  ($1.20.) 

FORM  AND  FUNCTIONS  OF  AMERICAN  GOVERNMENT 
By  Thomas  Harrison  Reed 

A  high-school  textbook  in  civics;  notable  for  solid  historical  basis, 
modern  point  of  view,  and  clear  treatment  of  difficult  phases  of 
the  subject.  ($1.80.) 

DEMOCRACY  AND  WORLD  RELATIONS 
By  David  Starr  Jordan 

A  new  book,  suitable  for  high-school  and  college  classes  in  history 
or  civics,  and  for  the  general  reader.  The  first  book  on  recon- 
struction, written  in  a  candid,  non-controversial  spirit.  ($1.60.) 


WORLD  BOOK  COMPANY 

YOMKUUVON- HUDSON.  NEW  YOBK 
2126  PRAIEIE  AVENUE,  CHICAGO 


iiHiiiuiiituiiiniiiiiiiniitiiii 


University  of  Toronto 
Library 


DO  NOT 
Kl  \10\  I. 
THE 

\KI) 
1  KOM 
THIS 
POCK1